No ticket. My vehicle was in the right lane on a street with 2 lanes in the same direction. The right lane was obstructed due to snow and ice from the snow plow built up. Right lane is for straight through traffic, left lane ended in about 50m (to merge right). All straight through traffic was in the right lane, but slightly offset due to the snow (too much to drive over 1-2feet high). I was stopped, another vehicle was in the left lane behind me, and attempted to pass but could not as there was a divider between opposite direction of traffic, he hit the left rear of my vehicle. The road was lightly snow covered and lane markings were not visible.

Insurance is saying that it is either 100% my fault or possibly 50/50 because I was not (implied) in my lane at the time.

Does this sound right? I was stopped and the other vehicle decided to pass when they did not have room to do so.

All the insurance fault rules can be found here: http://www.ibc.ca/en/car_insurance/docu ... -rules.pdf

Did the other driver strike the back of your vehicle or the side? As stupid as it sounds, I think you will be at least partially at fault.

He hit the driver side rear fender around the wheel well. The damage clearly shows the impact and a long scratch from him driving past. The impact folded his mirror in. His was an older car, mine brand new (400km on it).

I just need to know if I have a chance escalating this. Even at 50/50 fault my insurance rates will still rise which I find is ridiculous.

If I escalate higher to an ombudsman for example, can they override what the fault rules are based on what actually happened?

I believe that unless a charge was laid, the insurance companies will always go by the fault determination rules. If the other driver had struck you from behind I think you might have a better argument, but with a sideswipe I think it will be more problematic. It especially sucks that your car was brand new.

On a side note: you should visit a lawyer with regards to the accident. You MAY have a claim against the city for it not properly cleaning/maintaining the snow (as they are required). However, section 44(10) of the Municipal Act requires that you place the city on notice within 10 days of the incident---so, you gotta act fast.

Didn't know about city liability. Incident occured over a month ago, still in back and forth with insurance.

They called back today, said they are firm at 50/50 liabilty but are willing to drop my deductible by 50%.

I'm just unsure if I should push the issue higher. From what I am reading it seems unlikely that I will get no fault, which is obviously what I am looking for.

Expanding on what Highwaystar said, Section 44 of the Municipal Act states that roads must be kept to a set standard. You can file a claim after 10 days, but you need to show good reason for the delay. Link: http://www.canlii.org/en/on/laws/stat/s ... -c-25.html

The required standards are set out under the Minimum Maintenance Standards regulation of the act. Link: http://www.canlii.org/en/on/laws/regu/o ... 39-02.html

Section 4 of the regulation lays out the maximum allowed snow accumulation and minimum lane widths. It might be hard to prove actual lane dimensions this far after the fact, but something to be mindful of.