Turn not in safety collision

Mulk
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Posts: 2
Joined: Tue Dec 11, 2012 6:01 pm

Turn not in safety collision

by: Mulk on
Tue Dec 11, 2012 6:29 pm

Here is the situation:

I was making a LEFT at a green light at a 4 WAY intersection, with 2 passengers in my sedan. the way looked clear so i went for the turn. BAD IDEA
Mazda 3 T Boned me. Passengers were 2 elderly women in shock and crying. Police were called, Ambulance had to take one of them to the hospital(seemed like shock). No blood pr broken bones AT THE SCENE. Police officer gave me a ticket for "Turn not in safety" HTA 142(1) Fine of 110$ 2 DPoints -
I was given a Motor vehicle accident report
my car is write off
have to return my plates this week to the ministry

some questions i have are:

-If i fight this case(which i choose to) & hopefully win will the FAULT be 50/50 in the EYES of my insurance company? instead of 100% right now on me.
-should i hire someone to defend me? (being that the case is very serious)
-What are my chances to win ?
-Can the other party sue?

AND HELP WILL BE APPRECIATED!

http://imageshack.us/a/img338/5625/photougq.jpg (My Sedan)


OPS Copper
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Joined: Thu Aug 27, 2009 10:06 pm

by: OPS Copper on
Tue Dec 11, 2012 6:51 pm

So you turned across the path of an oncoming vehicle and somehow you think the accident was 50-50?

What happens in court does not effect fault of the collision.

Yes the other party can sue. That is independent of this collision.


OPS


Mulk
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Posts: 2
Joined: Tue Dec 11, 2012 6:01 pm

by: Mulk on
Tue Dec 11, 2012 7:25 pm

OPS Copper wrote:So you turned across the path of an oncoming vehicle and somehow you think the accident was 50-50?

What happens in court does not effect fault of the collision.

Yes the other party can sue. That is independent of this collision.


OPS
Yes and No, The opposite left turn lane was full making the vehicle not visible




Stanton
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Joined: Tue Feb 01, 2011 8:49 pm
Location: Ontario

by: Stanton on
Tue Dec 11, 2012 8:52 pm

Mulk wrote: -If i fight this case(which i choose to) & hopefully win will the FAULT be 50/50 in the EYES of my insurance company? instead of 100% right now on me.
-should i hire someone to defend me? (being that the case is very serious)
-What are my chances to win ?
-Can the other party sue?
1) No, insurance companies determine fault based on the fault determination rules (Link). You're 100% at fault regardless of what happens at trial.
2 & 3) Based on your explanation of what happened, you're certainly guilty of the offence. I'd say your chances of beating the charge are slim based on the actual facts. Probably wouldn't hurt to at least consult with some type of representation who can review the evidence and give you a better assessment of your chances at trial.
4) Yes.


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