Automotive

judge this accident again (full footage) PLEASE HELP!

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  • Oct 4th, 2015 11:23 pm
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Member
Jul 22, 2009
333 posts
28 upvotes
cn_habs wrote: I'd say it's up to the parked car to check the side mirrors before moving away.

Her mom must be a pretty terrible drive to drive away without realizing the impact.

http://postimg.org/image/y06cmg0fl/4ee40593/
That's what I thought but this is the picture of the damage driver showed me on his car. 2 thin lines of parallel scratch. Therefore I'm not surprised she did not feel it.

Autobody asked $600 to redo a whole patch so color can match entire car. Estimate on my moms car is $450. I have already given driver $600 cheque because I thought mom was at fault 100% but now it feels at worst it's partial fault and at best it's his fault. I offered him that we just take care of our own repairs and call it a day but he felt he had strong case for the hit and run. So most likely both of us will report to collision center tomorrow.

Frankly speaking I find that driver to be very up front and straight up. I wish the best and fairest outcome for both parties.
Deal Fanatic
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Sep 19, 2002
7846 posts
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Vancouver
It's a 4,000 lb luxury SUV. I doubt most drivers would have felt it. Cancel the check and settle it through insurance. It's 50/50 at worst.
Member
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Aug 25, 2015
261 posts
114 upvotes
Thornhill, ON
Penrose wrote: the contact was made at the point the parked car began to roll. unfortunately at the same moment the suv was passing and had to return quickly back into her lane because the intersection was
just a few feet away. I would say this is going to be 50/50. the overtaking car should have approached the park car from behind and yielded until it was safe to pass. you don't just drive down the road and continue at the same speed to go around obstacles in the opposite - oncoming lane. when you have something blocking your way like parked cars or a cyclist or anything you don't just fly around them into the oncoming lane...you slow down and stop if necessary to allow oncoming traffic to pass as they have the right of way. then when it is safe to proceed you then go around the obstacle. ..so failure to yield for the overtaker and the the parked car failure to check before merge.
What the H are you talking about? Where is the oncoming car you are talking about? I don't think you understand how insurance and fault system works. there was no contact or accident involving oncoming traffic so what's your point exactly? Are you under the (false) impression that an accident is your fault if you drive in a way that is judged less defensive? If that's how it worked, virtually all accidents would be 50/50.

I hate it when clueless people talk with an air of confidence just b/c they can. Hate it.
Member
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Aug 25, 2015
261 posts
114 upvotes
Thornhill, ON
KBTT wrote: http://postimg.org/image/y06cmg0fl/4ee40593/
That's what I thought but this is the picture of the damage driver showed me on his car. 2 thin lines of parallel scratch. Therefore I'm not surprised she did not feel it.

Autobody asked $600 to redo a whole patch so color can match entire car. Estimate on my moms car is $450. I have already given driver $600 cheque because I thought mom was at fault 100% but now it feels at worst it's partial fault and at best it's his fault. I offered him that we just take care of our own repairs and call it a day but he felt he had strong case for the hit and run. So most likely both of us will report to collision center tomorrow.

Frankly speaking I find that driver to be very up front and straight up. I wish the best and fairest outcome for both parties.
Cancel check immediately.
Deal Fanatic
Jan 2, 2005
5236 posts
813 upvotes
KBTT wrote: http://postimg.org/image/y06cmg0fl/4ee40593/
That's what I thought but this is the picture of the damage driver showed me on his car. 2 thin lines of parallel scratch. Therefore I'm not surprised she did not feel it.

Autobody asked $600 to redo a whole patch so color can match entire car. Estimate on my moms car is $450. I have already given driver $600 cheque because I thought mom was at fault 100% but now it feels at worst it's partial fault and at best it's his fault. I offered him that we just take care of our own repairs and call it a day but he felt he had strong case for the hit and run. So most likely both of us will report to collision center tomorrow.

Frankly speaking I find that driver to be very up front and straight up. I wish the best and fairest outcome for both parties.
Am i missing something here? You already paid him $600 as an admission of guilt now you're both going to a collision center to i assume report this as an insurance claim? Plus the "leave scene of accident" isn't going to wash unless the popo had to hunt your mother down. I think your mom needs some better advice.
Member
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Aug 25, 2015
261 posts
114 upvotes
Thornhill, ON
Spinner wrote: It's a 4,000 lb luxury SUV. I doubt most drivers would have felt it. Cancel the check and settle it through insurance. It's 50/50 at worst.
If insurance deems 50/50, fight it. They will do 50/50 so both companies make money. Take them to court over it.

Your mom could have gone to the other parking lot to turn around and come back to scene of accident as she deemed it not safe to park on the road/intersection or reverse back. So talk of hit and run here seems pretty ridiculous.
Deal Addict
Apr 23, 2014
1191 posts
249 upvotes
redwineplz wrote: What the H are you talking about? Where is the oncoming car you are talking about? I don't think you understand how insurance and fault system works. there was no contact or accident involving oncoming traffic so what's your point exactly? Are you under the (false) impression that an accident is your fault if you drive in a way that is judged less defensive? If that's how it worked, virtually all accidents would be 50/50.

I hate it when clueless people talk with an air of confidence just b/c they can. Hate it.
in this situation there was no oncoming traffic....that is pretty obvious. so what the hell are you talking about? I am pointing out the correct way to drive, so had there been oncoming traffic they would have been dealt with correctly. when did you get your license.??? do you just fly around any obsstacle in your way. you sound like your five years old..wah wah wah
Member
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Aug 25, 2015
261 posts
114 upvotes
Thornhill, ON
162 wrote: Am i missing something here? You already paid him $600 as an admission of guilt now you're both going to a collision center to i assume report this as an insurance claim? Plus the "leave scene of accident" isn't going to wash unless the popo had to hunt your mother down. I think your mom needs some better advice.
Why is that admission of guilt? It just might mean that they were intimidated and talked into it but they realized they don't have to pay any money. Video is all the proof they need.
Member
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Aug 25, 2015
261 posts
114 upvotes
Thornhill, ON
Penrose wrote: in this situation there was no oncoming traffic....that is pretty obvious. so what the hell are you talking about? I am pointing out the correct way to drive, so had there been oncoming traffic they would have been dealt with correctly. when did you get your license.??? do you just fly around any obsstacle in your way. you sound like your five years old..wah wah wah
How does that have anything to do with fault here? If the accident had to do with oncoming traffic your nonsense would apply. She went around the vehicle and the parked car hit her. When did YOU get your license!? Read the law (HTA) and then come back. Just because one didn't drive how you think they should doesn't make them at fault for an accident.

Edit: Before embarassing yourself further, please refer to the following documents. Thank You.

http://www.ontario.ca/laws/regulation/900668
http://www.ontario.ca/laws/statute/90h08
Member
Jul 22, 2009
333 posts
28 upvotes
162 wrote: Am i missing something here? You already paid him $600 as an admission of guilt now you're both going to a collision center to i assume report this as an insurance claim? Plus the "leave scene of accident" isn't going to wash unless the popo had to hunt your mother down. I think your mom needs some better advice.
Before i handed cheque (I had appointment to take my car for servicing to dealer in his area), he showed me the footage starting at one second before accident so I thought his car had been moving the entire time before contact. I went back home, showed the video and my mum said his car was parked. I put video in an earlier thread and most people were saying its important to see 30 seconds before contact was made. I then asked the driver nicely for the entire footage he had and then posted here.
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Nov 7, 2007
3260 posts
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Northern Hemisphere
Seems like the dash cam driver is at fault since he car was parked even if it was a short period, driver should have signalled and look behind before moving. I had to laugh when your mom left like a boss.

Edit: also cancel your cheque ASAP.
For wars they come and go, but my soldiers stay eternal.- Tupac
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Apr 15, 2011
5834 posts
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aGincourt
Dash cam driver at fault, Lexus already passed and it was the parked car moving out that caused the hit. Also the parked car turned away from the curb pretty drastically even thought there was nothing in front, basically I'm saying the parked car should have

A)Checked blind spot first because I have a feeling the driver just checked mirrors and pulled out
B) Just drive straight and not turn out into the road

OP use this dashcam footage to your advantage
Member
Feb 10, 2014
385 posts
330 upvotes
Mississauga
I believe whether or not OP's mom ran away is irrelevant to the fault assessment. Sure she can be accused for fail to remain in scene but that doesn't make her at fault.
Member
Feb 10, 2014
385 posts
330 upvotes
Mississauga
It's actually quite possible that his mom did not feel the hit. I was once rear ended by a corolla. I was driving a domestic full size SUV. All it felt to me was like going over a bump, and the Corolla was totalled with half the engine compartment gone.

BUT, as a good driver she should have seen it. She was obviously not paying attention to what's around her vehicle when driving.

But still, she's not at fault for this one. The other driver is.
Deal Addict
Apr 30, 2015
1103 posts
358 upvotes
SaskBerta
Parked car pulled out without checking all angles.

From the looks of it with a shoulder check should have been able to see your moms SUV approaching the intersection; and waited for her to pass. Since he was in a parked state.

Something similar happened to a friend of mine... other driver kept trying to make it sound like he was at fault. Insurance put other driver at fault and police charged him with improper lane change.

Pretty much the exact same situation here.


I wouldn't worry too much about him trying to claim she hit and run. She clearly pulled over on the other side of the intersection. She may not have felt safe pulling a U-Turn, and reversing back is just stupid. Friend of mine had the other driver do the same thing. They were on a busy street and he turned off to the next side street and walked back over. Not even 100 meters away.
Deal Addict
Apr 26, 2003
2761 posts
1830 upvotes
GTA
redwineplz wrote: Seems pretty straight forward to me, I don't see what the dilemma is.

Park was parked. Pulled out. Hit cars that were passing. 100% car with dashcam fault.



[IMG]http://www.ontario.ca/laws/regulation/9 ... age004.png[/IMG]
I would agree with redwineplz. If you watch the video where it shows the km/h rating, the car was at 0 km/h a second before the impact, so the dash cam driver pulled out, possibly without checking that the lane was clear, just as the OP's mom was passing and caused the accident (car B in the diagram). OP, download the video from YouTube as a backup and cancel the cheque.
Member
Jul 22, 2009
333 posts
28 upvotes
I want to inform everyone that we resolved with the dash cam car. We stopped the $600 cheque and gave him $150 instead. We arrived at the number because we assume partial fault for each other and since his damage is $150 more than us that is what we gave him.

I know there is a strong chance for him to be found at fault and he had to compensate us $450 but we are not concerned with the scratch marks on our car and most importantly, he was honest and upfront and gave me the entire video footage upon request. Without the video he supplied things could have degenerated into the he say I say merry go round at the collision center wasting everyones time and premium increase for both parties.

I want to extend my gratitude for all forum members who helped me in this case! And everyone must get a DASHCAM!!!! right NOW!
Deal Guru
Jun 11, 2005
13892 posts
3539 upvotes
Toronto
Good call OP, playing it safe.
Sr. Member
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Sep 5, 2014
555 posts
317 upvotes
Brampton, ON
It's in a parking lot so it's probably 50/50
both drivers are at fault though IMO
did the dashcam car signal it's intentions to pull away? And it was parked in what looks like a crosswalk. If I was there and passing it, I probably would've just stared at the driver the whole time with my 'WTF is wrong with you, you FNG moron' look while giving him the finger and honking my horn.

Your mom on the other hand appeard to be driving too quickly for the lot and then drove away from an accident. Take that womans license. That's just craziness.
Sr. Member
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Sep 5, 2014
555 posts
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Brampton, ON
adding to my other response, that is a considerate driver to work with you like that and it sounds like you came to an amicable conclusion. Good for you, it's nice to see a RFD thread not end in negativity.

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