Automotive

On road accident fault determination

  • Last Updated:
  • Feb 19th, 2021 12:46 pm
[OP]
Newbie
Feb 17, 2021
1 posts
1 upvote

On road accident fault determination

I made sure the road was clear, I backed out of the driveway on to the road at an angle, stopped and switched my gear to forward and was about get the car straight and move forward and straighten the wheel, another car oncoming behind me braked on icy road, then skidded and hit my right rear bumper.

Driver said I reversed into him but my car was stationary and he braked and he skidded when he saw my car already on the road and hit my car. I could not prove if he was speeding at unsafe speed


Who would be at fault?
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Last edited by alpha7 on Feb 19th, 2021 2:47 pm, edited 3 times in total.
6 replies
Deal Fanatic
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Jan 31, 2006
7007 posts
1740 upvotes
Toronto
The car oncoming behind you have the right of way. Since you are reversing, you is at fault (even if you are already on the road).
Sr. Member
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Aug 30, 2020
661 posts
1014 upvotes
YEG/YYZ
Were you still moving or were you stopped? If you were stopped and have proof from dashcam or home security camera you are not at fault.
Deal Guru
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Oct 5, 2008
13664 posts
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Toronto
alpha7 wrote: I backed out of the driveway on to the road at an angle and was about get the car straight and move forward then as I was about to shift into drive and straighten the wheel, another car oncoming behind me braked and hit my right rear bumper. Driver said I reversed into him but he braked when he saw my car already on the road and he hit my car.

Who would be at fault
from your own description, you're at fault.
Jr. Member
Jul 24, 2008
114 posts
84 upvotes
Seen this happened before you would be considered at fault by insurance.
Deal Fanatic
Mar 21, 2010
5483 posts
2290 upvotes
Toronto
Assuming Ontario, OP is at fault. Doesn't matter whether he backed out or not.

If the incident occurs when automobile “B” is entering a road from a private road or a driveway and automobile “A” is passing the private road or driveway and, if there are no traffic signals or signs, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.

If you haven't straightened up and started to move off, you're still entering the road.
Deal Expert
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Jan 27, 2004
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T.O. Lotto Captain
alpha7 wrote: I backed out of the driveway on to the road at an angle and was about get the car straight and move forward then as I was about to shift into drive and straighten the wheel, another car oncoming behind me braked and hit my right rear bumper. Driver said I reversed into him but he braked when he saw my car already on the road and he hit my car.

Who would be at fault
Since you posted on RFD... it is automatically your fault.

According to insurance bureau by-law 747.2 section RFD.

However... according to section 83.2

“All accidents are not your fault if you drive a manual transmission and fix your own car”.

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