| BigTrucker |
With all this snow, as everybody probably knows, people tend to make their own path in the snow and the car behind him follows it and so on and then we get 2 or 3 screwed up lanes that don't follow the path of the regular lanes.
The reason for my question is that today we had one of our trucks get side swiped by a van on the yellowhead and the guy in the van claims that it wasn't his fault. Our truck was driving in the centre lane and the van was in the left hand lane. The snow path in the left lane turned about a 1/4 into the centre lane and the van followed it, not noticing the truck coming up the middle. That's when the van got hit, or hit the truck, as he followed the snow path but was 1/4 in the centre lane.
There was no major damage, just some scrapes to the van and truck and some how the guy in the van managed to keep control without slamming his ride into the centre divider. They both pulled over, exchanged information and the guy in the van insisted that it was our fault, even though the truck was still in his lane. They called the police but since they were so busy with all of the other accidents and there wasn't $1000 damage they were told to just file a report.
Our driver filed the report and the cop told him that once they get the other half of the report that is when they can determine who is 'at fault'.
Is the guy in the van at fault since the truck was still in his respective lane? I was just wondering because there is always some weird loop hole people tend to find to justify their actions. |
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| TrevorK |
quote:
Originally posted by BigTrucker
Our driver filed the report and the cop told him that once they get the other half of the report that is when they can determine who is 'at fault'.
Police don't determine fault, insurance companies do.
Police can influence who is at fault by handing out tickets, but they do not determine it.
I would say that if there are no witnesses, if neither person incriminates themselves then they can not hand out a ticket (As the police can't issue an "unsafe lane change" based on the testimony of someone who ran into them when the lines were not visable).
quote:
Is the guy in the van at fault since the truck was still in his respective lane? I was just wondering because there is always some weird loop hole people tend to find to justify their actions.
Honestly, your best bet is to talk to your insurance company.
I would say it's safe to say that without witnesses it will be your word versus his. In these cases, it's the adjustors that will make the determination of fault. There is no hard and fast rule, it will depend on what the adjustors feel is fair based on your statement, witnesses, tickets the police issued and their judgement. Which means that you may receive different results depending on the adjustors involved as it may be a discretionary call.
If you're looking to get this settled without insurance companies, then the only thing you can do is work it out with them. No one can tell you what the ruling will be for who is at fault. |
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| dtjohnst |
quote:
Originally posted by BigTrucker
With all this snow, as everybody probably knows, people tend to make their own path in the snow and the car behind him follows it and so on and then we get 2 or 3 screwed up lanes that don't follow the path of the regular lanes.
The reason for my question is that today we had one of our trucks get side swiped by a van on the yellowhead and the guy in the van claims that it wasn't his fault. Our truck was driving in the centre lane and the van was in the left hand lane. The snow path in the left lane turned about a 1/4 into the centre lane and the van followed it, not noticing the truck coming up the middle. That's when the van got hit, or hit the truck, as he followed the snow path but was 1/4 in the centre lane.
There was no major damage, just some scrapes to the van and truck and some how the guy in the van managed to keep control without slamming his ride into the centre divider. They both pulled over, exchanged information and the guy in the van insisted that it was our fault, even though the truck was still in his lane. They called the police but since they were so busy with all of the other accidents and there wasn't $1000 damage they were told to just file a report.
Our driver filed the report and the cop told him that once they get the other half of the report that is when they can determine who is 'at fault'.
Is the guy in the van at fault since the truck was still in his respective lane? I was just wondering because there is always some weird loop hole people tend to find to justify their actions.
Sooo....the snow lanes all curved, but your truck plowed on straight ahead despite the general lines curving and watched the van hit him?
Or.....were they side-by-side exactly and the other guy moved over?
In the first scenario, I think your driver could be at fault, because he didn't avoid, nor did he follow the general flow or pattern of traffic, which while not illegal, is something the insurance companies will usually consider when determining fault.
In the second case, you're driver probably isn't at fault, but if there was no one on the other side of him, you might want to tell him to move over in future.
The way I see it, it's not just about assessing blame, the goal is to elimante the accidents. Rates will go down for everyone plus less downtimes for your company not having to repair or repaint anything. |
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