Automotive

Accident - Who is at fault? Post your opinions

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[OP]
Member
Jun 22, 2009
307 posts
187 upvotes
Toronto

Accident - Who is at fault? Post your opinions

This accident took place on a residential street - single lane road with one lane going both directions but no road markings. I was driving south on the street and eventually I was driving slow since I was trying to look at the house numbers. While I was driving slowly, I signaled and went for a left turn into a driveway however the guy behind me was trying to overtake/pass me (he was basically on the left side of the street now) so his right side of the bumper banged in my driver door.

Their side of the story: I was going slowly and stopped on the side of the road/curb for a second and then after I stopped they were passing my car when I turned left into their car. I am pretty sure I was still moving and did not stop but based on the two scenarios who would be at fault.

Update:

To the people saying he had every right to pass me because I was slow- How do you pull into a driveway without slowing down- I slowed down maybe passed three houses and made my turn - I wasn't driving slowly the whole way down the street.

We were in a single lane residential street and when I checked my left side the driver was behind me he went to overtake me as I turned.

Update: The verdict is in!

They found me not at fault after looking at both cars and speaking to the witness. I am a bit confused to as how insurance companies determine this though. I got a call from the adjuster he spoke to me about the incident and then asked me if I knew the witness. After he said he'll call me back since he was going to speak to the witness. Approximately 10 minutes later I received a call from him and he said he's giving me the benefit of the doubt and I am not at fault. Does the other insurance company not get a say in this? Just found it a bit weird. However I'm glad it all worked out!
75 replies
Deal Expert
Aug 22, 2011
35743 posts
21854 upvotes
Center of Universe
Desii wrote: This accident took place on a residential street - single lane road with one lane going both directions but no road markings. I was driving south on the street and eventually I was driving slow since I was trying to look at the house numbers. While I was driving slowly, I signaled and went for a left turn into a driveway however the guy behind me was trying to overtake/pass me (he was basically on the left side of the street now) so his right side of the bumper banged in my driver door. Before turning, I didn't check blind spots since it was a signal lane road and I was just looking at the oncoming traffic to pass.

Their side of the story: I was going slowly and stopped on the side of the road/curb for a second and then after I stopped they were passing my car when I turned left into their car. I am pretty sure I was still moving and did not stop but based on the two scenarios who would be at fault.
You no longer have the right of way at that point and must yield to all traffic.
You're at fault!
Deal Fanatic
Oct 26, 2008
6420 posts
2085 upvotes
BC
Other driver was already committed to overtaking your slow-moving vehicle. No road markings meant that were was no reason why he should not overtake.

Before even commencing your left turn you were required to make sure the way was clear in both directions.

If other driver deduced your were looking for an even number address on the right side why would he expect you to suddenly pull a left turn?

(Moral: best to put your right indicator on and pull over to a complete stop to check house numbers)
Deal Addict
Mar 22, 2004
3468 posts
868 upvotes
I have almost been in the same situation as the guy who was driving very slowly, put his blinker right the moment he was turning left. Thanks god I had enough momentum to overpass him quickly enough.

I would say it is 50/50

Picture #6
https://www.insurancehotline.com/at-fault-rules/
Deal Addict
Jan 13, 2007
4831 posts
359 upvotes
100% you on at least two counts
1) By driving slowly without a reason you were a hazard.
2) You didn't check when turned left. Careless driving basically. If instead of a car that would be a kid on a bicycle you would be in a big sh**t now.
Deal Guru
User avatar
Mar 9, 2007
14082 posts
9299 upvotes
Think of the Childre…
Should let the guy behind you pass if you know you're going to be slow.
50/50 in this case.

WOULD SOMEBODY THINK OF THE CHILDREN!!!
Deal Fanatic
Oct 6, 2007
8894 posts
5940 upvotes
Kootenays
Not sure how insurance will see it, but imho, you, for thinking you're the only person on the road. Signal your bloody intentions. If you're off to the right and driving slowly, put your right signal on and get the heck out of the way. Once you decide to cross the road, signal your intentions to re-enter traffic, shoulder check to re-enter the flow, then turn left into the driveway. This all stems from drivers being too cool, lazy, or selfish to signal. The turn indicator is there for the benefit of everyone else on the road.
Sr. Member
Aug 16, 2011
840 posts
250 upvotes
Kitchener
if you stopped on the curb then it is your responsibility to ensure the way is clear when re-entering traffic.
Deal Expert
User avatar
Jun 9, 2003
24876 posts
2014 upvotes
Markham, ON
the other driver...

if i was in their situation...i would just keep honking until he realize i wanted to pass.
Deal Expert
User avatar
Jun 9, 2003
24876 posts
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Markham, ON
starrlamia wrote: if you stopped on the curb then it is your responsibility to ensure the way is clear when re-entering traffic.
first off OP didnt stop.

Secondly...OP wouldnt report that to the insurer.

#1 or 2 is invalid if CAR B has a camera and recorded the accident.
Sr. Member
Aug 16, 2011
840 posts
250 upvotes
Kitchener
thelefteyeguy wrote: first off OP didnt stop.

Secondly...OP wouldnt report that to the insurer.

#1 or 2 is invalid if CAR B has a camera and recorded the accident.
OP asked what fault would be on both stories, other person's story is that he was stopped on the curb which would put him 100% at fault.
Newbie
Oct 15, 2013
85 posts
6 upvotes
Ajax
Sorry but I hate people like u. If your unsure of where you are going pull over till you get your bearings. Your actions is what caused the accident.
[OP]
Member
Jun 22, 2009
307 posts
187 upvotes
Toronto
arm2000 wrote: 100% you on at least two counts
1) By driving slowly without a reason you were a hazard.
2) You didn't check when turned left. Careless driving basically. If instead of a car that would be a kid on a bicycle you would be in a big sh**t now.
1) I was driving slow only for that brief moment , passed like 3 houses and made my left turn. You need to slow down before turning.
2) I did check before turning and the other driver was behind me at that point. He went to pass me as I was turning.
Deal Addict
Aug 17, 2008
1266 posts
715 upvotes
Agree in first scenario, fault is split. Whether it's exactly 50/50 or 75/25 for one or the other depends (and if there are no witnesses, then it's likely 50/50).
OP (the driver turning left) should not only check oncoming traffic, but should have checked rear/side mirrors to ensure that there is no one is passing (as passing is certainly a possibility -- he knew or should have known there was a car following him, that he was driving very slowly, and that passing is allowed). OP clearly did not check. The driver making the turn also must signal his intention well in advance (just signalling left at the last minute is not good enough). You must signal your intention well in advance, and then check for both passing (since passing is possible) and ongoing traffic. Passing vehicle would likely be assessed to also be partly to blame, unless he can prove that OP failed to signal left, or did so so late that he had no time to react.

2nd scenario OP is 100% at fault.
Desii wrote: Update:

To the people saying he had every right to pass me because I was slow- How do you pull into a driveway without slowing down- I slowed down maybe passed three houses and made my turn - I wasn't driving slowly the whole way down the street.

We were in a single lane residential street and when I checked my left side the driver was behind me he went to overtake me as I turned.
You are at least partially at fault because you did not do all of the following: signal your intention WELL in advance, check clear from on coming traffic, check rear/side mirror for passing cars. You are partially at fault. And furthermore, even though in first scenario, the other driver would likely be assessed to be partially at fault, there is nothing he could have done if you did not signal early. If you did signal early enough (doesn't sound like you did), then it's possible other driver is at fault. If you signed late, he should have been aware to the possibility that you were slowing down because you were going to turn.
Sr. Member
Jan 26, 2014
890 posts
535 upvotes
Toronto, ON
Legally you're at fault, as a person making a turn you must do it when it's safe. He was going straight, he has the right to drive left of the yellow if there was one present. Trust me I know, sucks to be in your position but that is what ontario insurance bylaw will state.
Deal Addict
Jan 8, 2007
2854 posts
1392 upvotes
Calgary
I've had a coworker in exact same situation years ago. She was deemed 100% at fault for trying to turn left as she was being over taken. Police gave the other driver a ticket though, but insurance companies have their own rules they go by for assessing fault.
[OP]
Member
Jun 22, 2009
307 posts
187 upvotes
Toronto
omegadivide wrote: Legally you're at fault, as a person making a turn you must do it when it's safe. He was going straight, he has the right to drive left of the yellow if there was one present. Trust me I know, sucks to be in your position but that is what ontario insurance bylaw will state.
I checked my side before turning and checked for oncoming traffic before going into the turn. This guy came out of nowhere as he was accelerating fast to pass me. I did not just signal and go right into the turn. My signal was on for at least 3 seconds. I do have a witness who saw everything and I have provided my insurance company with their number however I have heard they do not consider word of mouth of witnesses since people have been found to be creating fake witnesses before.

Anybody know or have any advice as to how I can try to make my case stronger? I was thinking about maybe going back and seeing if one of those houses had surveillance or something and caught the accident on camera.
Deal Guru
User avatar
Mar 9, 2007
14082 posts
9299 upvotes
Think of the Childre…
That's what you pay the insurance to do, you provided all the information you could. Let them sort this out.
Desii wrote: I checked my side before turning and checked for oncoming traffic before going into the turn. This guy came out of nowhere as he was accelerating fast to pass me. I did not just signal and go right into the turn. My signal was on for at least 3 seconds. I do have a witness who saw everything and I have provided my insurance company with their number however I have heard they do not consider word of mouth of witnesses since people have been found to be creating fake witnesses before.

Anybody know or have any advice as to how I can try to make my case stronger? I was thinking about maybe going back and seeing if one of those houses had surveillance or something and caught the accident on camera.

WOULD SOMEBODY THINK OF THE CHILDREN!!!

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