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Question about fault: Failure to avoid a collision?
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PostPosted: Mon Apr 03, 2017 6:04 pm 
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Joined: Mon Apr 03, 2017 5:53 pm
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Hello,

My daughter was in a minor collision, as she backed out of a parking space into a car who was attempting to pull into the space next to her. We have the traffic video, and in the video it is clear that the other driver sees her backing up, hesitates, but then continues to drive into the spot anyway - while my daughter is still backing. She doesn't stop, nor blow the horn. In fact, she keeps driving after contact elongating the damage a fair amount.

My question is, is my daughter 100% at fault because she was backing up? Or, is it possible that the other driver shares some of the fault as she clearly sees the imminent collision, but does not make an attempt to reasonably avoid it?

Any help is appreciated!


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Re: Question about fault: Failure to avoid a collision?
PostPosted: Mon Apr 03, 2017 8:35 pm 
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Joined: Tue Dec 13, 2016 7:26 pm
Posts: 94
Unfortunately, in accordance with section 16(4) of R.R.O. 1990, Reg. 668: Fault Determination Rules, your daughter would be 100% at fault (where your daughter is automobile "A" and the other driver is automobile "B"):
16.(4) If automobile “A” is leaving a parking space and fails to yield the right of way to automobile “B” on a feeder lane or a thoroughfare, the driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at fault for the incident.

Also, section 19(a) of the Fault Determination Rules:
19. The driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at fault for an incident that occurs,
(a) when automobile “A” is backing up;


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Re: Question about fault: Failure to avoid a collision?
PostPosted: Mon Apr 03, 2017 8:56 pm 
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Joined: Wed Mar 30, 2011 1:08 pm
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Location: Ontario
Was this private property? (parking lot)


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Re: Question about fault: Failure to avoid a collision?
PostPosted: Mon Apr 03, 2017 9:05 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
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I would send the video to your insurance for sure. The other vehicle was turning into the spot then there is a chance they may assign some of the blame to the other vehicle.

Remember though that the insurance determination of who is at fault has absolutely nothing to do with the charges that were laid by police. They are two completely seperate issues.

_________________
+++ This is not legal advice, only my opinion +++


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Re: Question about fault: Failure to avoid a collision?
PostPosted: Mon Apr 03, 2017 9:33 pm 
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Joined: Mon Apr 03, 2017 5:53 pm
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Thank you for the quick responses!

Yes, it was private property (a parking lot), and there were no charges laid by the police.

I understand that in most cases the car backing up is at fault, however in this case the fact that the other car was turning left around my daughter as she was backing is cause for question. In the video the other car sees my daughter backing and hesitates when she's about 1/4 of the way into her left turn. Then she decides to go for it and turn into the spot regardless.

In this case my daughter backed into a car that was entering her lane via a turn; she did not hit the car when it was in its own proper lane.

I'm not sure if this changes the allocation of blame or not?

Thanks again for the support!


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Re: Question about fault: Failure to avoid a collision?
PostPosted: Tue Apr 04, 2017 5:58 pm 
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Joined: Tue Feb 21, 2017 2:27 pm
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It doesn't hurt to send in the video to the adjuster however it is unlikely your daughter would be able to deemed not at-fault. The best she could hope for is 50/50, but that is a long shot as that situation is described in the Fault Determination Rules. So unless the other vehicle is insured outside the province the insurers will follow the Rules. Good luck.


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