Rear end accident


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rumi02   
Member since: May 08
Posts: 9
Location:

Post ID: #PID Posted on: 20-08-09 12:12:08

I was sitting at a stoplight and there were two cars before me, next thing I know my car was rear ended by a big SUV. My car rolls forward and hit the car in the front. The lady who rear ended me comes out write downs all the insurance information and tell me deal with my insurance company and leaves scene before police arrive. My car was beyond repair and I was taken to the hospital by an ambulance.

The doctor told me x-rays looks good and told me to go and see my family doctor next day, though I feel little bit of discomfort I think I will be OK.
My main concern is insurance going up. I dont think its my fault and how do I prove this? Have you been in similar situation?

thank you
rumi



tamilkuravan   
Member since: Jun 05
Posts: 5775
Location: God's own country

Post ID: #PID Posted on: 20-08-09 16:40:36

Hi,
as per the insurance diagram, if your car was fully stopped, then the person who hit you from behind is 100 % at fault and you are at 0 %. (if your car was moving when you hit the car in the front, then you are at 50% fault and the car behind you at 100 % fault)
She has now broken the law by failing to remain at site after the accident for the police to come. I am sure that the police would have told you that she would be facing criminal charges.
Regarding your trauma, You can sue the person and get a decent compensation for your trauma from the insurance company. Many lawyers have a "We get paid, when you do' ploicy and many have their own doctors to diagonise you. the Dr's will come to your own house and check.
With the police report, you inform your insurance company and they will take care of the rest.
All the best and wishing you a speedy recovery.

Peace by TK


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love_n_peace   
Member since: Jan 08
Posts: 269
Location:

Post ID: #PID Posted on: 20-08-09 22:21:41

This happen with me two times. My insurance never go up. So don't worry. You can put the SUV driver in trouble if you want. Go to your doctor and say my back is hurting, my neck is hurting or hire a lawyer he can earn you about 1000-5000. I never did this but some people advised me to do this.


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Americanchai   
Member since: Jun 09
Posts: 60
Location:

Post ID: #PID Posted on: 21-08-09 16:01:36

Your insurance will not go up. That happened to me also. But I got bit hurt in neck and took week to recover.

I would advice when your case get close, ask insurance company to get in writing that in this claim 'you were not in falut'.. means 100% detail about case.
Most insurance company dont provide this letter until you ask for.

This letter will be very important when you will switch another company for your insurance. When you will switch another company, 2nd company will ask you did you ever claimed for insurance .. in all case we have to say 'yes' either you are at fault or not. Once you say 'yes'..they will ask next question .. are you in fault or how much % .. was your fault. And whatever you will answer they will need letter from your previous insurance company about fault %.... More likely, once you switch and dont have policy with insurance company its very tough to get that kind of letter even its just administrative work.

I have gone thru with this, It took me weeks to arrange this letter and fax to new insurance company etc and then my insurance never got increase.

I hope this will help.

I have letter from insurance company right after closing the case..and I keep it in my file.



Fido   
Member since: Aug 06
Posts: 5286
Location: Canada

Post ID: #PID Posted on: 21-08-09 17:05:00

Kindly clarify something ...... If I have Insurance with A and the other party has with B ... assuming its the other party's fault , should I approach A or B for damages ?


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Fido.


dudewheresmycar   
Member since: Jan 07
Posts: 980
Location:

Post ID: #PID Posted on: 26-08-09 14:34:12


In ontario u have to go through ur own insurance for claims and percentage of fault will decide if ur premium will go up or not..

If u are even 1% at fualt ur insurance is likely to go up.. unless u have a 1st claim waiver on ur insurance policy..


U should have got a 0% fault for ur case as both the crashes(rear end and u hitting someone else) were a result of someone hitting u from behind.


U can sue for anything but Ontario courts dont entertain a lot of such cases thats why we dont have a lot of lawsuits here compared to usa..
Ur settlement will probably only cover for lost wages and medical

IMO for minor accidents not worth it..





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