Automotive

Locked: Accident liability in this incident?

  • Last Updated:
  • Sep 24th, 2022 12:45 am
[OP]
Newbie
Sep 20, 2022
14 posts

Accident liability in this incident?

Deleted
Last edited by carQ1234 on Sep 23rd, 2022 7:41 am, edited 2 times in total.
33 replies
Deal Guru
Oct 7, 2010
12608 posts
3730 upvotes
You have the right of way. She is 100%. Don’t let her weasel her way out of it.
Deal Addict
Feb 17, 2017
1331 posts
1153 upvotes
Yeah 100% submit the video, there is no way you are at fault here.
Deal Addict
Nov 21, 2004
1688 posts
131 upvotes
If she said she didn't see you, how can she possibly say she thinks you were driving too fast? Either she saw you or she didn't. Even if you were speeding, you are 100% in the right here.
Deal Expert
Jan 15, 2006
18746 posts
18278 upvotes
Richmond Hill
Just her saying that she didn't see you alone could get her charged with careless driving FYI.
Deal Expert
Mar 23, 2004
32826 posts
14547 upvotes
Doesn't matter how fast you were going she has a stop sign. Plus she hit you in the back, it's not like you rear ended or t-boned her when she turned out in front of you.

I mean from the accident it seems you were going too slow almost LOL. Like how does she turn out and hit the rear of your car? Sounds like she turned too early, like directly into a car that was still there (yours). Had you been going faster you wouldn't have been there for her to hit. In other words her attempting to say you were going too fast, makes no sense. Unless I'm picturing this accident different than it was?
[OP]
Newbie
Sep 20, 2022
14 posts
Deleted.
Last edited by carQ1234 on Sep 23rd, 2022 7:42 am, edited 1 time in total.
Member
Dec 4, 2017
473 posts
469 upvotes
Toronto
Show us the Google map of this intersection. I don't understand the median/no median part.

You said you were going speed limit, did you have a stop sign as well?

Visibility to stop sign is not your problem. That's her issue with the city who didn't maintain standards.
Deal Expert
Mar 23, 2004
32826 posts
14547 upvotes
carQ1234 wrote: She was going straight through. Not turning. She said on video that she didn’t see me so I don’t think she can say I was going too slow.
Still even if she was going straight through, how did she hit the rear of your car? She must have moved after you were already in front of her. I don't mean to say you were "going too slow" as in you would have been doing anything wrong but what I mean is if you were going faster wouldn't you have passed by with her not able to hit you in the rear? I'm just saying that would nullify the "going to fast" argument because if you were too fast how would she hit you? If you were "going to fast", she would have seen you and moved in front of you and you would have hit her. Or, perhaps I need a picture/diagram of this to understand how it'd be possible for her to hit you if you were going too fast, lol.

Anyway you got her on video? Haha nice work. Good to hear you had the sense to do that ;)

In any event, she had the stop sign, you didn't. She has 100% responsibility to not hit other cars when moving off from a stop sign that's not like a 4-way or multi-way stop. Your speed is largely irrelevant and it's not like she has a certified radar readout to say what speed you were going--i.e. you speed will not come into this equation whatsoever.
[OP]
Newbie
Sep 20, 2022
14 posts
Deleted
Last edited by carQ1234 on Sep 23rd, 2022 7:42 am, edited 1 time in total.
[OP]
Newbie
Sep 20, 2022
14 posts
Deleted
Last edited by carQ1234 on Sep 23rd, 2022 7:42 am, edited 1 time in total.
Deal Addict
User avatar
Mar 3, 2011
4362 posts
25659 upvotes
So she hit the back left quarter panel (on the drivers side) and if she said she didn't see you, was she reversing out of parking space or spot while you were driving by because it doesn't make sense that she hit you moving from the front of her car. Unless she has really bad vision and horrible depth perception and this happened during a evening/night and poor street lighting. Was she a new driver?
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[OP]
Newbie
Sep 20, 2022
14 posts
Deleted
Last edited by carQ1234 on Sep 23rd, 2022 7:43 am, edited 1 time in total.
Deal Addict
User avatar
Mar 3, 2011
4362 posts
25659 upvotes
Did you get an accident report and report it to the collision reporting centre and also make sure to provide them the video because the officers on site will determine fault.
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[OP]
Newbie
Sep 20, 2022
14 posts
Deleted
Last edited by carQ1234 on Sep 23rd, 2022 7:43 am, edited 1 time in total.
Sr. Member
User avatar
May 3, 2003
551 posts
243 upvotes
Toronto
I am really having trouble understanding what the signage or road layout of the MVA location was... I also don't understand why you would feel a need to keep it a secret but I'll assume there is one. As a result, I don't feel comfortable opining how the fault determination rules might be applied.

However, based on your description, it certainly sounds like the combined damage to the vehicles is well in excess of $2,000. Even just your vehicle might have $2,000+ based on what I'm reading. I understand this is probably all new to the you but did the you report to the police or your insurance company (you say "made a claim", which isn't clear to me).

Duty to report accident

199 (1) Every person in charge of a motor vehicle or street car who is directly or indirectly involved in an accident shall report the accident immediately to the nearest police officer and provide the officer the information concerning the accident as may be required by the officer under subsection (3) if,
(a) the accident results in personal injuries or in damage to property apparently exceeding an amount prescribed by regulation; or
(b) the accident involves any door of the motor vehicle that is open or opening coming into contact with a cyclist, a bicycle or a moving vehicle, even if the motor vehicle is stationary, stopped or parked. 2021, c. 26, Sched. 1, s. 18.

Damage to Property Accident Report


11. For the purpose of subsection 199 (1) of the Act, the prescribed amount for damage to property is $2,000. O. Reg. 537/97, s. 1; O. Reg. 228/15, s. 1.
[OP]
Newbie
Sep 20, 2022
14 posts
Deleted
Last edited by carQ1234 on Sep 23rd, 2022 7:43 am, edited 1 time in total.
Deal Fanatic
Oct 26, 2008
6784 posts
2545 upvotes
BC
There is a difference between calling 911 (for an ambulance, fire truck) and calling the police on a non-emergency number.

ICBC is saying don't call 911 unless there are injuries.

You are meant to use your own discretion in judging whether police should attend, such as, but not limited to:
- damage looks be at least $1K
- to mange traffic movement if one of the vehicles cannot be driven off to the side
- you think you or the other party may be impaired
- other party is not being cooperative in exchanging information
- fluids from one of the vehicles on the road needs to cleaned up
- glass or plastic shards need to be cleaned up
- you or the other party don't feel any immediate injury but suspect that issues might surface later

Can't comment on fault because the account is not clear at all.
Last edited by macnut on Sep 22nd, 2022 9:19 pm, edited 1 time in total.
[OP]
Newbie
Sep 20, 2022
14 posts
Deleted
Last edited by carQ1234 on Sep 23rd, 2022 7:44 am, edited 1 time in total.
Sr. Member
User avatar
May 3, 2003
551 posts
243 upvotes
Toronto
Ah, glad at least we now know this was an accident in BC. Those of us outside of BC probably cannot speak to how ICBC will determine fault.

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