Who will decide the Fault of Accident


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sanjayjava   
Member since: Aug 05
Posts: 95
Location:

Post ID: #PID Posted on: 29-11-07 21:51:28

Hi

Today my wife had an accident. She was driving on right lane with her speed(55 km/h), the guy from left lane just take out of lane and hit my car on front (Driver side). They called up police and police has file a record.

Now we ask CAA to tow the car and i showed him(Tow guy) the report. He said we are not at fault because our name is on green side of Accidental report side ?.

Can anybody confirm that is it true ???

Thanks in advance



hchheda   
Member since: Aug 05
Posts: 2245
Location: Woodbridge

Post ID: #PID Posted on: 29-11-07 22:37:37

Quote:
Originally posted by sanjayjava

Hi

Today my wife had an accident. She was driving on right lane with her speed(55 km/h), the guy from left lane just take out of lane and hit my car on front (Driver side). They called up police and police has file a record.

Now we ask CAA to tow the car and i showed him(Tow guy) the report. He said we are not at fault because our name is on green side of Accidental report side ?.

Can anybody confirm that is it true ???

Thanks in advance



I dont know about the report you made, but generally, the person merging, changing lanes is at fault. So if the report has been made as you mentioned and the other party has confirmed it, then he is at fault. Be sure to have a drawing clearly showing your lanes and your car positions at the time of collision exactly and signed by each party.

There are times when people will change thier story when reporting to thier insurance company and then the claim advisors from both insurance companies decide the fault based on the reports. Hence if anything important is missing, then the other party MAY try to take advantage of it and propose to settle at 50-50, even though it is entirely his/her fault. So look carefully at your report and confirm you have unrefutable evidence and agreement.

All the best.

Hiren



viggy   
Member since: Aug 07
Posts: 569
Location:

Post ID: #PID Posted on: 30-11-07 09:52:24

Something similar happened to my friend when he was driving in California. The other party was at fault, but after much back and forth talks, she sued him for compensation and he had to fly to LA thrice to attend court! Finally it was settled in his favor, but it was a lot of pain...



sanjayjava   
Member since: Aug 05
Posts: 95
Location:

Post ID: #PID Posted on: 30-11-07 10:58:09

Hi Hiren,


We have not draw any picture of it. But i have taken some pics of accident so please let me know what i will have to do now.

Thanks



Desi # 1   
Member since: Dec 03
Posts: 1420
Location: Mississauga

Post ID: #PID Posted on: 30-11-07 19:13:12

Car fault are decided by rule book in Finance Service Website.

http://www.fsco.gov.on.ca/english/insurance/auto/

There is rule book in there with pictures. Also, if the police has filed the report then they must have written the facts.

Did the other guy got ticket for "illegal lane change"?

Also,if you have taken the pictures of the accident. then you can file that with report to the insurance co.



sanjayjava   
Member since: Aug 05
Posts: 95
Location:

Post ID: #PID Posted on: 24-01-08 14:22:20

Hi,

It was Good end with bad experience. The other party had accepted the fault so we willnot have to pay single money. It cost around 9k to fix my car which is close to my car value. But i have to fight with insurance company for certain things.

Anyway i would like to thank you everyone who have responded to my query. The information helps me a lot.



vimpatel   
Member since: Jun 06
Posts: 188
Location: Toronto/GTA

Post ID: #PID Posted on: 25-01-08 17:15:47

The police determine whether there has been a violation of the law. Your insurance company determines fault, which dictates whether or not your insurance rate will increase. The police could determine that you didn’t break any laws, and yet your insurance company can still deem you to be at-fault.


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