| mr_sars |
Looking for some advice...sorry sorry long read
So it's Dec 22, and I get into an accident at a uncontrolled intersection in South Edmonton Common. Long story short, I was hit on my passenger side (T-Boned) at speeds probably lower than 5km/hour as the only noticeable damage was a few small dents and scratches on both my passenger side doors. The Jetta? that had hit me had sustained small scratches on his front bumper.
After the accident, the Jetta? driver took down my information, and when I asked for his, he just gave me his Name and Address. I had to go into Best Buy ( :( Starting work in such a pissy mood...) and find his number off the phone book, and call him. Today, I get a call back with his Insurance Company's name and his Policy Number.
What I'm worried about is:
He would NOT give me any more info other than his Name, Address, Insurance Company, Policy Number, and Phone Number(Which I had to find myself).
Stupid me, I didn't take down the exact make, model, and LICENCE PLATE NUMBER(God was I stupid) of his car. I know that 100% it is a VW(most likely a Jetta), darkish blue by memory and by the paint marks on my car.
I also don't know if his insurance was valid at the time (would not show me his pink card) or his licence (never even saw it).
Since it's under $1000 in damages it can't be filed as a true motor vehicle accident, but I'm just worried that my insurance would go up over such a stupid fender bender. I'm also pissed at the fact that he would not even give me any more info even though he claims that I am wrong (Poor integrity on his part???).
Some officers tell me to file a hit and run, due to the lack of information on his part, but is it really worth the time and trouble??? |
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| REFLUX |
quote:
Originally posted by mr_sars
his Name, Address, Insurance Company, Policy Number, and Phone Number
Some officers tell me to file a hit and run,
the info you have is sufficient to find him & the car involved in the accident
listen to the officers, file a hit & run.
cover your ass before he covers his first
filing an accident form will help protect you
you don't lose anything by doing so
your insurance shouldn't be affected by this, prbly look at it the same as a speeding ticket or something |
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| TrevorK |
A lot of people won't give out all of their info because they want their "privacy". The stuff you got is enough though (Provided it's all true).
If you think it's his fault, then you'll have to make a claim. If you don't, then don't bother (As it sounds like your deductable, if you even have collision, is about the extent of the damages to you).
I'd make a police report (I believe you still can - besides, you aren't an appraiser so you can't judge $1000 in damages) regardless. Get your story down in case the other guy tries the insurance route - then you look like the credible one.
Your insurance will ONLY go up if you are found partially at fault for the accident, which is only going to happen if a claim is made. |
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| Flex |
| even if its under $1000 it still is a traffic accident. Like said before no one can tell the cost til the appraiser looks at it. File a police report now before this other guy goes in and has a totally different story for them. |
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| HEWSINATOR |
You would be amazed to how little it takes for $1000 in damage.
Like the others have said, better safe than sorry. |
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| albertarc |
quote:
Originally posted by HEWSINATOR
You would be amazed to how little it takes for $1000 in damage.
Remember folks that the $1000 cost referrs to the total of damage to all the vehicles - not just each vehicle (& these are repairs at a reputable autobody - not your third cousin Homer who works out of his backyard) plus any property damage (fences, signs etc - it doesn't sound like any of these were involved).
Here's a link to the Traffic Safety Act - check out Section 69 which states the responsibilities of each person involved in a collision. Happy reading!!!!
Jimbo:drama: |
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| REFLUX |
quote:
Originally posted by albertarc
Remember folks that the $1000 cost referrs to the total of damage to all the vehicles - not just each vehicle ... plus any property damage
Jimbo:drama:
:bthumbup: |
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| mr_sars |
So it seems that I'd have to go get my car appraised and then file a police report. Would the formal report HAVE to contain the appraised amount of damage (given that it's over $1000) or would it be possible to just file some sort of generic report without any appraisal?
Just wondering though, how would insurance companies determine who is at fault in an accident? |
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| TrevorK |
quote:
Originally posted by mr_sars
So it seems that I'd have to go get my car appraised and then file a police report. Would the formal report HAVE to contain the appraised amount of damage (given that it's over $1000) or would it be possible to just file some sort of generic report without any appraisal?
Just wondering though, how would insurance companies determine who is at fault in an accident?
File a police report regardless, immediately after the accident in any sort of accident.
You have to get YOUR story on file, and should try to be the first (In a case like this, where you're guessing if he's going to file).
Remember, he has 2 years to come back at you to say he's hurt. Get the accident on paper, it'll definetely help. |
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| TrevorK |
quote:
Originally posted by mr_sars
Just wondering though, how would insurance companies determine who is at fault in an accident?
The insurance adjustors for each party will read through the applicable reports from the police, and talk to the parties involved and any witnesses.
From there, the two companies talk about who is at fault.
From what I read, you were t-boned at an uncontrolled intersection on private property?
If so, that's a tough one. It's definetely leaning in his favour (Yield to the right), however because it's on private property (I assume all of SEC is private property?) the rules of the road don't apply.
Regardless, it's up to the insurance companies. They can swing one way or another, depending on the adjustors involved. You could have the exact same circumstances, and the insurance companies rulings will be different. |
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| mr_sars |
Yeah, I had tried to file a report, but the police station (both South End and Millwoods) wouldn't accept one unless the damage was over $1000 (=S still waiting to be appraised).
quote:
If so, that's a tough one. It's definetely leaning in his favour (Yield to the right), however because it's on private property (I assume all of SEC is private property?) the rules of the road don't apply.
34(1) Except as otherwise provided in this Part or Part 2, when 2
vehicles approach or enter an intersection from different highways
at approximately the same time, the person driving the vehicle to
the left shall yield the right of way to the vehicle on the right.
(2) A person driving a vehicle shall not turn or attempt to turn the
vehicle to the left across the path of an approaching vehicle unless
the turn can be completed in safety.
I believe that this part of the "USE OF HIGHWAY AND RULES OF THE ROAD REGULATION" applies to the both of us, me being (1) and the other driver being (2). I'm sure that the one at fault would be determined by how this part of the law is interpreted.
69(1) Where an accident in which a vehicle is involved occurs on
a highway, the driver or other person in charge of any vehicle that
was directly or indirectly involved in the accident shall
(a) remain at the scene of the accident or, if the person has
left the scene of the accident, immediately return to the
scene of the accident unless otherwise directed by a peace
officer,
(b) render all reasonable assistance, and
(c) produce in writing to anyone sustaining loss or injury, to
any peace officer and to any witness all or such of the
following information as is requested:
(i) that person's name and address;
(ii) the number of that person's operator's licence;
(iii) the name and address of the registered owner of the
vehicle;
(iv) the licence plate number of the vehicle;
(v) a financial responsibility card issued in respect of
that vehicle.
Out of the information that I had requested at the time of the accident, I had only received his name and address. I did not see his drivers licence or his pink insurance card at all when I had requested to do so. [Excerpt from the "TRAFFIC SAFETY ACT"] |
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| TrevorK |
quote:
Originally posted by mr_sars
Yeah, I had tried to file a report, but the police station (both South End and Millwoods) wouldn't accept one unless the damage was over $1000 (=S still waiting to be appraised).
You are not an appraiser.
They are not appraisers.
Make the report. Tell them the damage may be over $1000 between the two cars as required, and you would like to make one. If all else fails, tell them you're hurt. The key is you NEED to get a report down ASAP.
quote:
I believe that this part of the "USE OF HIGHWAY AND RULES OF THE ROAD REGULATION" applies to the both of us, me being (1) and the other driver being (2). I'm sure that the one at fault would be determined by how this part of the law is interpreted.
Again, what it says is that you are at fault for not yielding to the person on your right (Since he hit your passenger side, he is obviously on your right). This is where the term "right of way" is applied (That I'm sure you've heard a tonne). It's black and white - there is not much room for interpretation.
However, if SEC is private property (WHich I assume it is), then the Highway Traffic Act does not apply. Which means that right of way does not matter. Which means a most likely 50-50 split.
quote:
Out of the information that I had requested at the time of the accident, I had only received his name and address. I did not see his drivers licence or his pink insurance card at all when I had requested to do so. [Excerpt from the "TRAFFIC SAFETY ACT"]
You got everything you required (Since he has to provide his license number, not his actual license) except to see the pink card. Which you would have got from the police if you filed a report. This alone is grounds to take it to the police if he does not disclose this information to you. |
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| mr_sars |
:bthumbup: Thanks for all the info!
So in my case, I should assume that my damage may well be over $1000 and file a police report. I'm guessing that in this case, I'd have to also get the other driver to file his side of the police report.
Due to the fact that SEC could be privately owned, how would that necessarily work into determining the outcome of this accident? [If you don't mind explaining]
From my first post, I did eventually end up getting his Insurance Company's name and Policy Number. I was told that this was sufficient information by a police officer. Unfortunately, I still don't have the make and model of his car, and not even his licence plate(yeah I was pretty stupid).
Again, Thanks for the info. |
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| HEWSINATOR |
| The laws of the roas still would apply, yeild to right etc. There have been references to this before. Jim has posted the definition of highway, and a private lot still applies. Of coursr if I am not mistaken and recall correctly. |
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| TrevorK |
quote:
Originally posted by mr_sars
So in my case, I should assume that my damage may well be over $1000 and file a police report. I'm guessing that in this case, I'd have to also get the other driver to file his side of the police report.
It's if the combined damage is $1000 or over - which is why it's not hard to reach that nowadays (It costs 200-400 to just get a bumper painted nowadays).
quote:
Due to the fact that SEC could be privately owned, how would that necessarily work into determining the outcome of this accident? [If you don't mind explaining]
Typically in parking lot situations (Where the majority of the accidents of private property occur) there are a lot of disputes over who is at fault.
What will happen is that the police aren't going to issue any tickets (As if this happened on a street, you should be technically getting a failure to yield ticket). The tickets given out in an accident play a big role in who the insurance company determines is at fault when things are questionable.
What typically happens in parking lots is a 50-50 split of fault. You can still take it to Civil court however, but if the damage is small it is not worth it. |
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| TrevorK |
quote:
Originally posted by HEWSINATOR
The laws of the roas still would apply, yeild to right etc. There have been references to this before. Jim has posted the definition of highway, and a private lot still applies. Of coursr if I am not mistaken and recall correctly.
You're right - the police can give out tickets for a parking lot.
However, the police don't determine who is at fault - the insurance company's do. And since the poster is concerned about the insurance companies and who they'll declare at fault, it matters with how the insurance companies handle a private property situation and not the police. |
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| MX5 Miata Guy |
quote:
Originally posted by TrevorK
However, the police don't determine who is at fault - the insurance company's do. And since the poster is concerned about the insurance companies and who they'll declare at fault, it matters with how the insurance companies handle a private property situation and not the police.
Not quite the full picture.
Police determine who's at fault...in a legal sense. If tickets are warranted, they will be given.
Insurance companies have their own way of determining fault, for their own pocket-book's sake...which is to say, limiting what comes out of their pocket-book versus what comes out of yours.
They are mutually exclusive of one another...imperfect system to say the least!!!
Case in point:
You're driving down your street approaching your snout-house, signal left and proceed to turn left when safe (ie: no oncoming traffic). Little do you realise, but the moron behind you, who can see your signal light flashing left and even your brake lights, decides you're slowing him down and pulls out to pass you on the left. You continue your turn into your driveway, and bam...you collide. Legally, he's 100% at fault. In the eyes of the insurance company, you're 25% at fault. This happened to a colleague at work a number of years ago. Total crock of $hit, but that's how they operate.
Numerous other examples have come up in the past too...but no others come to mind right now. |
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| TrevorK |
quote:
Originally posted by MX5 Miata Guy
Not quite the full picture.
Police determine who's at fault...in a legal sense. If tickets are warranted, they will be given.
No they don't determine who is at fault.
Yes, they can hand out tickets, and basically say "....this driver did this wrong..." but that in no way, shape, or form makes that driving guilty of the accident in a court of law.
It may be a factor is a judges decision, but a judge can still step up and say that they aren't at fault. And yes, it does happen.
quote:
Insurance companies have their own way of determining fault, for their own pocket-book's sake...which is to say, limiting what comes out of their pocket-book versus what comes out of yours.
They are mutually exclusive of one another...imperfect system to say the least!!!
Exactly correct.
There is no telling what an insurance company will do - each adjustor is different, and will have different goals for solving a case. |
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| stealth |
Dont estimate damages on your own.
I got rearended this summer. Very light scratch
The person who caused the accident offered me 100 bucks.
Needless to say, I didnt take it, went and got quotes from 750-800$ |
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| mr_sars |
| Ugh so much trouble in this time of year too...=S just gonna see how this works out in the end... |
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