Hi, my husband was in an accident last July. He was making a left hand turn into a side road and the other driver passed on the left side. His turn signals and taillights were not working. When the officer showed he checked the lights and the brake lights did work. Tickets were not issued. The other drivers insurance company is coming after us for damages because the officer put in report that there was an improper left hand turn and a failure to yield. Since there was no tickets issued we did not fight it. Is there anyway to fight what the police put in the report? The police didn't appear to the accident site til dark. My husband had driven his truck home and the driver had his vehicle towed already. The driver had to catch a flight so he got a tow right away. The turn he was making was on a very long stretch of downgraded highway in which you have to brake long before the actual turn. Since his brake lights did work, the other driver could see them well before hand. Also there is a paved shoulder with passing lines on the opposite side of turn. I'm not sure if this constitutes as a passing lane? I can't find anyone to talk to so any info would be appreciated.
Hi, my husband was in an accident last July. He was making a left hand turn into a side road and the other driver passed on the left side. His turn signals and taillights were not working. When the officer showed he checked the lights and the brake lights did work. Tickets were not issued. The other drivers insurance company is coming after us for damages because the officer put in report that there was an improper left hand turn and a failure to yield.
Since there was no tickets issued we did not fight it. Is there anyway to fight what the police put in the report?
The police didn't appear to the accident site til dark. My husband had driven his truck home and the driver had his vehicle towed already. The driver had to catch a flight so he got a tow right away.
The turn he was making was on a very long stretch of downgraded highway in which you have to brake long before the actual turn. Since his brake lights did work, the other driver could see them well before hand. Also there is a paved shoulder with passing lines on the opposite side of turn. I'm not sure if this constitutes as a passing lane?
I can't find anyone to talk to so any info would be appreciated.
The report is correct. It was an improper left turn and failed to yield to traffic.......as crazy as it seems in this scenario, the vehicle going straight has the right of way. if you can provide the road name and road that he was turning on, with the Municipality, we could all search it on google maps and take a look.
showers12 wrote:
The other drivers insurance company is coming after us for damages because the officer put in report that there was an improper left hand turn and a failure to yield.
Since there was no tickets issued we did not fight it. Is there anyway to fight what the police put in the report?
The report is correct. It was an improper left turn and failed to yield to traffic.......as crazy as it seems in this scenario, the vehicle going straight has the right of way.
Also there is a paved shoulder with passing lines on the opposite side of turn. I'm not sure if this constitutes as a passing lane?.
if you can provide the road name and road that he was turning on, with the Municipality, we could all search it on google maps and take a look.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
The Highway Traffic Act says your husband made an improper turn and failed to yield. BUT... that's not the be-all, end-all of this situation. By the way, did your husband use a hand signal to indicate he was turning left since his turn signals were not working? The Fault Determination Rules (Ontario regulation 668/1990) outlines who is at fault in a collision. This is what insurance companies must use. Might want to take a look at this: http://www.ibc.ca/en/car_insurance/docu ... -rules.pdf Scroll down to page 7. Look at scenario (5) and then on page 8 look at scenario (6). Any of those apply? Also look at page 16, rule 20. Your husband was not charged, so... might want to get in touch with your insurance company. No need to fight what the police put in the report. The thing that would be a problem is if he was charged... but he wasn't charged. As a back-up, contact the Financial Services Commission of Ontario. They regulate insurance and are usually a good "go-to" place when situations like this arise and you want the "official" source before talking to your insurer. http://www.fsco.gov.on.ca/english/insurance/ They'd be able to clear this up. Think either your husband is 25% or 50% at fault, but not 100%. See what they say.
The Highway Traffic Act says your husband made an improper turn and failed to yield. BUT... that's not the be-all, end-all of this situation. By the way, did your husband use a hand signal to indicate he was turning left since his turn signals were not working?
The Fault Determination Rules (Ontario regulation 668/1990) outlines who is at fault in a collision. This is what insurance companies must use. Might want to take a look at this:
Scroll down to page 7. Look at scenario (5) and then on page 8 look at scenario (6). Any of those apply? Also look at page 16, rule 20. Your husband was not charged, so... might want to get in touch with your insurance company. No need to fight what the police put in the report. The thing that would be a problem is if he was charged... but he wasn't charged.
As a back-up, contact the Financial Services Commission of Ontario. They regulate insurance and are usually a good "go-to" place when situations like this arise and you want the "official" source before talking to your insurer.
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