Automotive

Minor accident question

  • Last Updated:
  • Jul 8th, 2020 11:01 am
[OP]
Member
Jun 4, 2016
249 posts
73 upvotes

Minor accident question

Was idled on a side street sidewalk dropping someone off. I began to reverse and didn't see anything, meanwhile a truck was coming out of its parking spot across the street and hit the side of my bumper on the side of my car.

Is this my fault or theirs?
6 replies
Deal Addict
Nov 27, 2007
3668 posts
807 upvotes
draw a diagram..

eitherway reversing is not going to help you, unless the other party has no cam/witness, they you can make up a great story.
Deal Fanatic
Dec 24, 2005
5764 posts
1597 upvotes
you are reversing
it is your fault
Deal Addict
Oct 21, 2006
1051 posts
824 upvotes
op am I to understand that both you and the truck were in motion?
Deal Fanatic
Nov 1, 2006
9069 posts
3072 upvotes
Toronto
molombian wrote: Was idled on a side street sidewalk dropping someone off. I began to reverse and didn't see anything, meanwhile a truck was coming out of its parking spot across the street and hit the side of my bumper on the side of my car.

Is this my fault or theirs?
Depends. Was truck parked on the street or in a driveway?
Sr. Member
Sep 29, 2012
766 posts
55 upvotes
Toronto
Well with out camera it would be hard to prove ...

He hits you from behind then it would be their fault
Deal Fanatic
Jan 21, 2018
7523 posts
8090 upvotes
Vancouver
It depends where you live.

If in Ontario, then you look up the diagrams in the Insurance Act, it automatically determines who is responsible, no appeal possible.
https://www.ontario.ca/laws/regulation/900668

If you live in BC, then ICBC will follow some similar simple rules. In a case like this if you were both backing up, they would probably assign 100% responsibility to the party who was entering the street and 0% to the party who was already in the street on the principle of right of way in the Motor Vehicle Act. But in BC you can appeal and then take it to court if you don't agree and you have additional evidence as to who was responsible under the Motor Vehicle Act rules. The ICBC adjusters are not trained in accident investigation, so they spend minimal time and just follow a simple set of rules similar to those in the Ontario law. They frequently get it wrong. The difference in BC is that you can appeal and get it corrected, but often at significant public cost for ICBC and the courts, which is why Ontario made the decision to just save the public a lot of money and accept some percentage of unfair outcomes.

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