Automotive

50-50 accident, other party no insurance?

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  • May 14th, 2021 8:16 pm
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[OP]
Newbie
Nov 6, 2019
7 posts
2 upvotes

50-50 accident, other party no insurance?

Got into a minor accident today, we both tried merging into same lane from opposite sides, I got scratches on driver side door and she got some on her front bumper, no dents. After looking at dash cam, I was about 80% in the lane and ahead of her so idk if its 50-50 or she's at fault.

I took their information and pictures quickly as I was running late and when I got home, I noticed that their insurance was expired. Will the fact that they didn't have insurance work in my favor if I go through insurance? Or will they still consider it 50-50 and my premium will increase? They wanted to just pay for our own damages since the damages are minor.
10 replies
Deal Expert
User avatar
Feb 11, 2007
17194 posts
19091 upvotes
Oakville
If it's under $2k damage, then just pay yourself. If over, don't accept 50/50. Tell you're insurance that they're at fault, show them the video. Worst case scenario they tell you that you are 50% at fault but at least the other person will be punished for not having insurance.
But of course, they probably do have insurance, they just might not have the most recent card in their car.
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Deal Fanatic
User avatar
Jul 4, 2005
7173 posts
1282 upvotes
Ottawa
They may have just forgot to update their pink slip, so I’m not sure if you can conclude on no ins theory.
Deal Guru
Oct 7, 2010
10216 posts
2000 upvotes
Most likely she has insurance. Just out of date pink slip. As for fault, not sure who is at fault. The insurance will most likely put partial, which means s both of you will have increase in premiums.
Deal Fanatic
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Mar 10, 2005
9937 posts
3449 upvotes
The scenario that you described is probably not going to be a good outcome when it comes to insurance. Looks like you and the other driver failed to check your mirrors/blind spot.
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Newbie
Aug 18, 2014
93 posts
72 upvotes
Calgary, AB
just tell insurance/cops you were in the lane and they changed into you. let them investigate - saying anything more would make it 50/50
Member
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May 31, 2008
238 posts
397 upvotes
Without seeing the video it's really impossible for others to say or even take a guess as to who is at fault, so if you're able to post the video that would be helpful.

Where you coming onto the highway and merging into traffic? If so, other traffic is supposed to let you merge. You also say you were 80% into the lane. Where both your tires over the lines? These and others are important factors when determining fault.
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Mar 10, 2005
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devilsadvocate wrote: Without seeing the video it's really impossible for others to say or even take a guess as to who is at fault, so if you're able to post the video that would be helpful.

Where you coming onto the highway and merging into traffic? If so, other traffic is supposed to let you merge. You also say you were 80% into the lane. Where both your tires over the lines? These and others are important factors when determining fault.
Not legally but good drivers will allow for the zipper merge.
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Deal Guru
Sep 13, 2007
10041 posts
5015 upvotes
¯\_(ツ)_/¯
Post the video!
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Deal Addict
Feb 28, 2006
3758 posts
352 upvotes
Toronto
post the video

you mean the centre lane where both way traffic can make left turn?? sounds 50/50

not having valid insurance does not determine fault in an accident. that is for the police to charge. most people are just too lazy to print the renewal slip
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Deal Addict
User avatar
Sep 9, 2012
4726 posts
3953 upvotes
Oakville, ON
mouset123 wrote: Got into a minor accident today, we both tried merging into same lane from opposite sides, I got scratches on driver side door and she got some on her front bumper, no dents. After looking at dash cam, I was about 80% in the lane and ahead of her so idk if its 50-50 or she's at fault.

I took their information and pictures quickly as I was running late and when I got home, I noticed that their insurance was expired. Will the fact that they didn't have insurance work in my favor if I go through insurance? Or will they still consider it 50-50 and my premium will increase? They wanted to just pay for our own damages since the damages are minor.
I think it’s going to come down to what the dashcam video shows - but even then it might still be 50/50 if the video is inconclusive….or worse, it could imply that you were the only one changing lanes…..

Sounds like rule 10. (2) doesn’t apply as you’ve stated both parties (or at least one party) was trying to change lanes.

Rule 10. (4) might apply and put you 100% at fault if the other driver says to their insurance that they were already in the lane and your dashcam only shows you changing lanes.

Otherwise, Rule 10. (3) will apply if her story is that she was changing lanes too and you’ll be at 50/50.

There is no “weighting” or “advantage” given to you for being 80% into the new lane. As you can see by the rules they only revolve around whether a party is fully within a lane or not. Sadly, it sounds like your best case is 50/50 but it would be good to see the video so we can see what it establishes as to where each party was when the collision occurred. And further sadness is that 50/50at fault gets treated for premium ratings just the same as 100%….


Rules for Automobiles Travelling in the Same Direction in Adjacent Lane

10. (1) This section applies when automobile “A” collides with automobile “B”, and both automobiles are travelling in the same direction and in adjacent lanes.
(2) If neither automobile “A” nor automobile “B” changes lanes, and both automobiles are on or over the centre line when the incident (a “sideswipe”) occurs, the driver of each automobile is 50 per cent at fault for the incident.
(3) If the location on the road of automobiles “A” and “B” when the incident (a “sideswipe”) occurs cannot be determined, the driver of each automobile is 50 per cent at fault for the incident.
(4) If the incident occurs when automobile “B” is changing lanes, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.

http://www.minkinsurance.com/Mink/media ... -CHART.PDF

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