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Last Thursday night, i had a crash on the bike on the 404. A guy cut me off and took all my breaking security distance and broke in front of me. I manage to break and avoid his car at the price of damages on my bike and a badly bruised knee, shoulder,etc.
This guy stop and ran away, the guy behind me stop and saw the whole seen, OPP, firemen and Ambulance were on the scene for me. I walk out of this one.
My problem now is that the guy that cut me off ran and won't get the dangerous driving and no one was able to get his plate, and i was more concentrating on not finishing in his trunk, so after i gave my info to OPP and leave a deposition; I have no idea what to do. I look at the bike and i believe the fix will be $1500 to $2000 minimum. I have a witness that confirm that it was not my fault and OPP info as well. But i don't know what to do with the insurance, i am paying it, i have been accident and ticket free since i transfer my European license to Ontario, but i don't want to be "dinged" on insurance because of a bad driver. So i am not at fault, i just saved my skin by not finishing in the car in front of me.
I am prepared to fix myself, but i am a bit ****** off that i pay for insurance and not able to use it, and if getting the insurance that i paid for would fix my bike quicker for me i would prefer that instead of loosing my riding season.
Any advises on what i should do.
Ulrich
<<-SilverHornet->>
Originally Posted by SilverHornet
*********** first of all........ glad to see that you ended up OK. as they say...it could have been a lot worse.
wait to hear back from AVI of Viffer.
i would like to see the response to this too.
to help you case.....
list your insurance company
list your coverage
the insurance gurus will hook you up with good advice.
Because an accident did take place I would advise that you contact your broker/company and report the claim as you are required to do, and as you agreed to do upon signing the application.
Discuss with your broker/insurer about the situation and provide them with the police report number.
I had a similar situation with my car where I was cut off on the hwy, my car was a write off, and the white van kept driving off. I also had a witness which saved me from a careless driving charge of my own, in this case insurance did what it was supposed to do and I was deemed not at fault, but that was for the company to decide.
Usually with the police report and witness statements, insurance companies will side with you, even though police do not determine at fault or not at fault.
Glad to see your ok!
Last edited by Hytham Bayoumi; 03-22-2010 at 11:27 AM.
Hytham Bayoumi
Client Executive
Cornerstone Insurance Brokers Ltd.
Direct: 416-908-1865
hbayoumi@pottruffsmith.com
I had someone hit me in my cage about 5 years ago. The guy took off, I filed all reports, I knew the make model, and pretty sure the year of the car which hit me and ran. Told the police and insurance, Paid my Deductible, got the vehicle fixed which was in excess of 8k.
State farm had no issues with my claim, nor did my insurance ever increase because of it.
Collision is a very good coverage to have. It protects you when you can not identify who the At Fault party was.
As far as fault is concerned, it is listed in the Ontario Fault Determination rules. Without actually seeing what the accident report says, and without exact details, I can't really say whether the incident is your fault or not.
You should report the incident to your broker/agent and ask them to speak to the insurance company for you. In your particular case, I find it difficult to see how the claim will be paid if you are not carrying collision coverage. Perhaps one of the claims guys can throw their two cents in...
I don't know how fault is determined as I'm a pre-newbie, but if a driver flees the seen of an accident, shouldn't the person who doesn't leave the seen somewhat automatically get the benifit of the doubt? It's pretty clear the person that fled is avoiding something (realising they were at fault) or hiding something (driving without insurance? Stolen vehicle? Suspended licence? Borrowed mommy's car?).
Ohhh, but i guess insurance companies look for every way to not pay out a claim right...
Well don't give up, FIGHT!!
FYI, you can find the Fault Determination Rules here:
http://www.e-laws.gov.on.ca/html/reg...s_900668_e.htm
I'm an Actuarial Analyst for a Major Canadian Insurance Company. I analyse claims patterns to determine overall rate changes, as well as relative premium differences by various risk characteristics (eg. age, experience, claims, convictions, usage, etc.)
Unless it's private, please post insurance-related questions in the forum rather than sending me a PM.
Current: 2001 Suzuki GSXR1000 (4th Season)
Previous: 1996 Honda VFR750F (4 Seasons)
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Fault is determined by the fault determination rules.I don't know how fault is determined as I'm a pre-newbie, but if a driver flees the seen of an accident, shouldn't the person who doesn't leave the seen somewhat automatically get the benifit of the doubt? It's pretty clear the person that fled is avoiding something (realising they were at fault) or hiding something (driving without insurance? Stolen vehicle? Suspended licence? Borrowed mommy's car?).
Ohhh, but i guess insurance companies look for every way to not pay out a claim right...
Well don't give up, FIGHT!!
The problem with this type of situation is that it's open to abuse. If you can not identify the at fault driver, then you will be considered to be at fault. Otherwise everyone who was involved in a single vehicle accident, would simply say they were cut off by some guy who then fled the scene.
To your last point, most claims adjusters I've ever met, actually do the opposite. They typically look for a way to pay the claim. The wording of a policy is pretty black and white and a situation is either covered or it is not.
Twitter @Avi_Singh_
www.avisingh.com
It's been many years since I worked in claims. Determining fault is at the discretion of the adjuster while using the FDR rules.
Based on my experience, since there is no contact with the vehicle in front you have been involved in a single vehicle accident. You are 100% at fault and would require collision coverage to have your bike repaired. And don’t forget about the possible impact on your future premiums if you report the accident.
The reason why the other person would not be at fault is that you lost control only after he completely entered your lane, not while he was changing lanes causing you to avoid being side swiped. The FDR’s, when used for determining fault, look at the actions of the vehicles immediately prior to the accident when determining fault. In your case, he was in front of you, so under no circumstance in the FDR would he be held at fault unless he was reversing.
Fault under the FDR is independent of the Highway Traffic Act. Under the highway traffic act, the other vehicle may been charged for unsafe lane change. Although this may imply an extent of fault, it does not determine fault. Even if you are able to convince your adjuster that you are not at fault, unless you have collision coverage, your insurance company would not cover the loss.
Why? 1) This is not a Direct Compensation claim as we cannot confirm that the other vehicle had valid insurance. 2) You cannot claim under uninsured motorist as the other vehicle involved was never identified. Not having the information on the other vehicle puts you in this position.
So it comes down to this. If you don’t have collision coverage, then under no circumstance is the insurance company going to pay for the repairs. End of story. If you do have collision coverage, do you risk having a at fault accident (if you cannot convince the adjuster that it is not at fault) on your record for a chance to have your damages paid for?
Personally, I would not report it and pay for my own damages for the following reasons.
1) You will have a very hard, if not impossible, time convincing your adjuster that you are not at fault.
2) If you are found at fault, the increase in premiums over the next 6 years will most likely cost you much more than the cost of fixing your bike.
Hope this helps.
Im with i3kc
[FONT=Verdana
2010 Daytona 675
Over 20 years of claims has experience may qualify me to answer your question.
Despite what you have read above this is not an FDR claim. The FDR's only covers collision between two vehicles. This is a single vehicle accident.
Secondly, despite being a single vehicle accident it may not be your fault. Let's assume you're correct and it was all the other guys fault who took off. If your evidence and the evidence of the witness (other motorist) are consistent then a good inference could be drawn that it's not your fault and hence this will not be rated as an at fault accident.
But, because neither the owner or driver of the other vehicle can be identified the only place you can get coverage for your bike is through your collision coverage if you have that voluntary coverage. This claim will also be subject to your collision deductible. And, before people get too freaked out you can have a not at fault collision claim.
Lastly, and listen up people........
SINCE THE FIRE DEPT WAS ON SCENE, AND IT HAPPENED ON THE 404 THE FIRE DEPT WILL SEND A BILL FOR THEIR SERVICES (LIKELY A MINIMUM OF $1207.50 TO THE MINISTRY OF TRANSPORTATION WHO WILL THEN CLAIM IT THROUGH YOUR INSURER). I'VE SEEN BILLS FOR OVER $8000.
Yeah, imagine that, you will be charged for the fire department service. How do you like that. What next, officer Bob starts charging you for investigating the accident too?????
How do I know this...again over 20 years claims experience, the defence of approximately 500 separate small claims court matters on this exact matter and an appeal through the Ontario court of appeal has taught me so.
Okay, I'm off my fire dept soap box.
I hope the above gives you a better undertanding of your rights.
Feel free to PM me if you want further advice.
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