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Who is at fault, and is there anything I can do

Posted: Sun Oct 04, 2015 3:41 pm
by BrunetteMan
So when I was a g2 driver I was dropping a passenger in my vehicle off, I was pulled over to the side of the road indicating that I was stopped my passenger went to open the door (without checking first) I told him to wait to open the door because I car was coming he completely disregarded what I said and opened the door anyway, another vehicle hit the car door causing an accident, and now that I have my full license I am looking to get a car as a primary driver, and the insurance company is saying that I'm at fault, so the lowest qoute I got was 900 dollars a month. Can I fight that in anyway?

Re: Who is at fault, and is there anything I can do

Posted: Sun Oct 04, 2015 5:13 pm
by Decatur
Section 19 of Ontario Regulation 668 indicates:
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;

(b) when automobile “A” is making a U-turn; or

(c) when the driver of, or a passenger in, automobile “A” opens the automobile door or leaves the door open. R.R.O. 1990, Reg. 668, s. 19.

The fault determination is correct. The only thing you may be able to do would be to sue the passenger in civil court, depending on when this occurred.

Re: Who is at fault, and is there anything I can do

Posted: Sun Oct 04, 2015 8:00 pm
by BrunetteMan
Is there not a rule part of the highway act stating that you have to check your surroundings before opening the door of a vehicle?

Re: Who is at fault, and is there anything I can do

Posted: Sun Oct 04, 2015 8:43 pm
by jsherk
The Highway Traffic Act and the Insurance Determination Rules are two complete and separate things.

For example, you hit an icy patch on a road and spin into the ditch and damage your vehilce with no other vehicles involved. You are still 100% at fault for insurance purposes even if you are not charged with anything by police.

As per Insurance Determination Rules you were 100% at fault as the driver of the vehicle even though passenger opened the door, but this has nothing to do with Highway Traffic Act charges.

Were you charged when the passenger opened the door? If yes, with what?

Re: Who is at fault, and is there anything I can do

Posted: Sun Oct 04, 2015 8:53 pm
by BrunetteMan
No the police weren't notified when it happened

Re: Who is at fault, and is there anything I can do

Posted: Sun Oct 04, 2015 9:05 pm
by jsherk
Hopefully somebody else can answer the question because I do not know the answer.

Seems to me that even though you were 100% at fault but not charged with anything that it should not be that high!

For $10,800 per year + gas + maintenace, you would be better to take the bus or a taxi everywhere you go.

Re: Who is at fault, and is there anything I can do

Posted: Sun Oct 04, 2015 9:19 pm
by BrunetteMan
Thanks I appreciate the help