Last week, I was driving on a 2-lane country road over the 401 and began to slow down to turn left into a commuter parking lot where I pick up another child. I turned on my signal more than 30m prior to the left turn. There was a large pick-up behind me, and he turned on his signal to turn right onto the on-ramp for the highway. I did a left-shoulder check before beginning to turn left and it was clear, and there was noone ahead of me or coming towards me, but sometime between that time and completing my turn, a second pick-up truck two vehicles behind me assumed that I was also turning right onto the highway and pulled out to pass. When he realized I was turning left, he slammed on his breaks and I tried to swerve, but the front of my car and the right side of his truck collided. My car was totalled as a result (Honda Civic). He immediately came up to me and apologized profusely and said that it was all his fault and that he had assumed that I was turning right as well as the guy in between us. The police officer charged me with a left turn not in safety despite my not being able to see the vehicle pulling out behind the truck behind me.
I knew that insurance would judge fault independently, but the other driver has now claimed that I hit him while "changing lanes." As a result of our stories not aligning, the insurance companies are now going to be using the police report to help determine what to do. And my insurance company has indicated that because I was the one charged, I would likely also be found at fault. So I'm confused.
Is it worth me going to court to try to argue the charge/get it dropped if it is going to impact my insurance? Can I find out what the officer included in the police report?
Being found not guilty will not change the police report. I have had many people come up after and want the report changed after the court outcome. I have always said no and stood by the findings.
You can contact the police and get a copy of the report.
What does the police report show? Your version or the other drivers?
If the police report agrees with your version of events, the other drive should be deemed at fault.
Fault determination rules can be found here: http://www.ibc.ca/en/car_insurance/docu ... -rules.pdf
Section 10(7) would appear to to describe your situation and lists the passing driver at 100% fault.
Thank you for your help! I'm not sure yet what the police report indicates. I called the detachment on Saturday and am waiting to hear back about picking up a copy of the report.
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