I got rear ended... who's fault is this?

[don_lee103]

Okay, I will try to write my story exactly as what happend without any biased view.

Last night at about 11pm, I was dropping one of my friend on my way back home. I was driving on SW marine drive and there were three streets. (left lane for vehicles to turn left and to go straight) As I had to turn left on the upcoming street, I indicated my signal light and shoulder checked to make sure that there were enough space for me to change lanes. As I found a moment to do so, I changed lanes and drove at the constant traffic speed for a sec or so. After that, I came to a complete stop (the road was wet so I did not brake hard) with the indicator on to turn left. After 4-5 sec have passed, I heard tires skidding and I realized that there was a truck that was about to struck me from the back. By the time I've realized this, I was too late to let off my brake and gas so that I can manuever this accident. He was driving a modified truck with metal bars in front so he did not have any damages but my rear bumper is pretty beat up.

After we pulled over, he came out of his truck and started to swear and yell at me. I tried and did control myself to yell & swear back at him as I thought it would be pointless to do so. As he was yelling at me for good 3-4 minutes, I thought I wouldnt be able to talk to him without any emotional conflicts. Therefore, I called the police but they have alerted that since there were no injuries, I can just take his driver's license & plate number and file a report to ICBC. Soon after I hung up, he started to control his emotion although he was still yelling at me and telling me as if this accident was 0% liable on him.
Just out of nowhere, the police car that was patrolling the city came and asked us if there were any problems. All of sudden, his attitude changed and told the officer that there were no problems and asked them to leave.
At the end, he mentioned that he probably would be liable for this accident and he will get a lawyer to fight for this claim.

The most ridiculous part was that just as he was getting in to his car, he said "I was joking"... who jokes about a car accident? As this was my first car accident in my life, I was a bit frozen on the road but I tried to be calm and respect him like any other individuals I see on the street. As soon as I got home, I filed a report by calling ICBC and now I have an appointment on 10am on Tuesday for ICBC to check my car.

What do you guys think? As this is my FIRST time getting in to an accident, I would like to know who is at more fault.

Thanks,
Don

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[ipxxx]

The person doing the rear ending is always at fault. =)

[spf1971]

He is 100% at fault. You were stopped waiting to turn with your lights on.

[al3x89]

Asked the cop to leave? I find that pretty demanding when cops are supposed to make sure everythings okay... if I was the cop I would've thought something suspicious was going on. And didn't the cop see your bumper?

Let him fight it, you should win since you were the one that was hit.

[vaportech]

No worries man.

He is 100% at fault. For any incident where you are rear ended. My mom had to do an emergency stop on a busy street because some jackass decided to do a quick left turn without signaling. She ended up getting rear ended and the person was charged with following to closely and it was 100% the other person's fault. Btw if you feel any neck pain and stuff you can claim it as body injury and get free physiotherapy. They give nice massages when your stressed lol.

Im not sure how the police process works in Vancouver but in Ontario, they would've been charged for hitting a stopped vehicle. Just tell the insurance you were waiting at a red light and someone rear ended you. you were stopped for 5 seconds so he is completely like im 200% sure he is at fault. If your story is correct then he is a fault period. He is just trying to squeeze his way out of it.

You should file emotional damages for his way of conduct when he got out.

Lol

Sorry to hear and good luck with your claim process.

[don_lee103]

He is 100% at fault. You were stopped waiting to turn with your lights on.

Thats what I thought. Although when I called ICBC to file a report, they said I'd have to prove that I changed lanes at a safe condition. When I asked them how, they said once my car is at ICBC, they will take a picture and decide then on. My damage is right in the middle and there are damages to the plate as that the spot where it was impacted severely. Will this be enough as a proof? What would happen if the other guy lies and say "I did not come to a complete stop?"

I guarantee that he will say "This guy just changed lanes and stopped just out of nowhere." to ICBC and this was what he said to me.

[spf1971]

Normally in the case of a rear-end collision, the car from behind is at fault. I believe the other driver would have to prove that you did something unsafe and reckless to cause the accident. It shouldn't be on you to prove you that you didn't cause the accident, it should be on the other driver to prove that you did.

[freddy65]

pics and license plate of the truck.

[molala]

100% his fault..the signal of your light didn't matter...he rear ended you, his fault

[don_lee103]

pics and license plate of the truck.

??? you know that I cant post a license plate of his truck? I've taken a pic of my car's damage so I'll post that tonight.

[freddy65]

??? you know that I cant post a license plate of his truck? I've taken a pic of my car's damage so I'll post that tonight.

PM me.

[don_lee103]

PM me.

PM me why you want/need to know then I'll consider it. I respect individual's privacy.

[Piro21]

Don't post his plates or send them to anyone, you could potentially get in legal trouble down the road for that. The cop should be able to testify what caused the damage if the insurance company needs to know.

[fastlayne]

The guy is being a complete a-hole and a cop shows up. The first words out of my mouth would have been, "this driver rammed my vehicle from behind and I think he has been drinking."

[yao416]

Dude's a total a-hole.:|

[plip630]

Okay, I will try to write my story exactly as what happend without any biased view.

Last night at about 11pm, I was dropping one of my friend on my way back home. I was driving on SW marine drive and there were three streets. (left lane for vehicles to turn left and to go straight) As I had to turn left on the upcoming street, I indicated my signal light and shoulder checked to make sure that there were enough space for me to change lanes. As I found a moment to do so, I changed lanes and drove at the constant traffic speed for a sec or so. After that, I came to a complete stop (the road was wet so I did not brake hard) with the indicator on to turn left. After 4-5 sec have passed, I heard tires skidding and I realized that there was a truck that was about to struck me from the back. By the time I've realized this, I was too late to let off my brake and gas so that I can manuever this accident. He was driving a modified truck with metal bars in front so he did not have any damages but my rear bumper is pretty beat up.

After we pulled over, he came out of his truck and started to swear and yell at me. I tried and did control myself to yell & swear back at him as I thought it would be pointless to do so. As he was yelling at me for good 3-4 minutes, I thought I wouldnt be able to talk to him without any emotional conflicts. Therefore, I called the police but they have alerted that since there were no injuries, I can just take his driver's license & plate number and file a report to ICBC. Soon after I hung up, he started to control his emotion although he was still yelling at me and telling me as if this accident was 0% liable on him.
Just out of nowhere, the police car that was patrolling the city came and asked us if there were any problems. All of sudden, his attitude changed and told the officer that there were no problems and asked them to leave.
At the end, he mentioned that he probably would be liable for this accident and he will get a lawyer to fight for this claim.

The most ridiculous part was that just as he was getting in to his car, he said "I was joking"... who jokes about a car accident? As this was my first car accident in my life, I was a bit frozen on the road but I tried to be calm and respect him like any other individuals I see on the street. As soon as I got home, I filed a report by calling ICBC and now I have an appointment on 10am on Tuesday for ICBC to check my car.

What do you guys think? As this is my FIRST time getting in to an accident, I would like to know who is at more fault.

Thanks,
Don


me got rear ended also last week heres the link:
http://www.redflagdeals.com/forums/showthread.php?t=639359

i the police should be involve cause i know when there is a $1000.00 to the car it should be reported to the police right away. you should have stop the police from leaving when they saw you so they can do the police report right away and it will easier for you to make a claim on insurance if the police make the report on the scene and he can tell right away if your at fault or not. and also the other driver cant lie on icbc cause there already a police report. and also make sure you go for check on your doctor cause you wont feel the pain right away its take days or sometimes even months before you feel any pain.

[kin0kin]

He is at fault. Like others have said, almost 100% of the time it is the car behind that is at fault. However, hypothetically speaking (I've seen many cases), if you changed 2-3 lanes in "one shot" with one signal only, and got rear ended, you are at fault.

[Narci]

If you didn't change lanes completely, the damage would not be direct. If you didn't change lanes correctly, you'd have damage on the corners of the car, not directly on the rear.

[don_lee103]

If you didn't change lanes completely, the damage would not be direct. If you didn't change lanes correctly, you'd have damage on the corners of the car, not directly on the rear.

Thanks for your comment.

Based on your comment, this case should be %100 at his fault since the damage is in the centre and after I changed 1 lane completely right?

[tyrrell]

AFAIK there are only 2 instances where the person who got rear-ended is at fault:

1) If someone commits an illegal/unsafe lane change. In this case the person DOING the rear-ending is NOT at fault. Due to the fact that the person who GOT rear ended made an unsafe/illegal lane change.

2) If someone is unsafely backing out of a driveway backwards and gets rear-ended. In this case the person backing out, (the person who GETS rear-ended) is at fault because it is up to them to make sure the way is clear before they back out.

Outside of these 2 instances the person doing the rear-ending as 100% at fault.

[don_lee103]

AFAIK there are only 2 instances where the person who got rear-ended is at fault:

1) If someone commits an illegal/unsafe lane change. In this case the person DOING the rear-ending is NOT at fault. Due to the fact that the person who GOT rear ended made an unsafe/illegal lane change.

2) If someone is unsafely backing out of a driveway backwards and gets rear-ended. In this case the person backing out, (the person who GETS rear-ended) is at fault because it is up to them to make sure the way is clear before they back out.

Outside of these 2 instances the person doing the rear-ending as 100% at fault.

Please check the original post for pic.

[kin0kin]

Regarding the backout accident, you have to make sure to call the cops, or have at least a witness that is not your friends/family. Sometimes these backout-idiots would claim that you rear ended them...seriously, it had happen before...google

[nickia]

so the cops dropped by, he told the cops to go away, and you didn't say anything about it? That's pretty weird.

[Narci]

There was a post about a rear hitch that extended out of the car. If you hit someone and the damage is deemed to be caused by the hitch, your not at fault. I think that might have been n Ontario though.

You might want to check to see if those metal brush guard bars are legally allowed on cars/suvs here in vancouver.