Got Into an Accident

[Rossi86]

It's weird that the cop didn't ask for the witnesses, but you should've given him the contacts anyway. Talk to the witnesses and find out exactly what they saw and how they interpreted it. On my first not at fault accident, I wanted to be sure the witness saw everything. So I asked the witness to email me a statement of everything that he saw and include that in his opinion I wasn't doing anything contrary to the HTA; which was true, I wasn't asking him to lie. But it's important how the witnesses analyze and interpret everything. On my second no fault, the witnesses were plenty, and they were all ****** at the driver who wanted to run off, so they didn't hesitate to wait for the cops and give a statement to charge the dumbass.

You should make sure the witnesses tell the police and the insurance reps. that you were not braking any traffic laws when the accident happened and you should be fine.

Get better and good luck!

[kneedragger88]

Today I was heading back home from university, I took a side road to miss the traffic on the street (I don't trust drivers).

I was heading down the side road when I saw a car pulled over to the right. I decided to pass it from the left so I signaled, checked my blind spot (like Humber taught me) and passed her. She than made a split second decision, sped up and turned left driving right into me. Of course, she didn't check her blind spot or signal.

I tapped her front left tire and flew three meters in the air. Than tumbeled all over the road. Luckily, I got up straight away with only minor (yet very painful) injuries. Paramedics arrived at the scene about 5 minutes after the fire fighters (the fire fighters were there 2 minutes after the 911 call was made) and checked me out.
We than waited for about an hour and a half until the police officer came. He didn't ask many questions. He asked where the accident took place, took our insurance papers, license and ownership. He than went to check out her vehicle, than my bike and proceeded to his vehicle. 5 minutes later he came out, gave both of us a paper with both of our in formations and drove away.
He didn't give her a ticket, didn't talk about who was at fault and left me feeling with a very uneasy feeling.
The ambulance drove me to the hospital after to get my knee and ankles x-rayed along with cleaning up the rest of my road rashes.

Of course I was wearing a fully protected leather jacket with body armor, gloves and helmet. The helmet saved my head. It has a nice amount of rash on the visor and side, the jacket and gloves both have quite a bit of rash.

My insurance company (wawanesa) was closed so I had to call the emergency line. They took my information and told me that they would contact me the next business day.

I also have witnesses that saw the entire crash but the officer didn't ask about it at all. I don't understand why the officer took the accident so lightly. The bike is completely totaled. I didnt get a good chance to look at it but it was leaking, the forks were bent and the mechanics that were in the area told me that it is totalled. My LSL sliders did an amazing job on keeping the bike up tho but in a front impact, their isn't much they can do.

The first thing the lady said was sorry and started tearing. I asked her what happened and she told me, "I'm new to this area, I'm from burlington, I thought I had to turn on the street ahead but I really had to turn on this street". I than asked her "why didn't you signal, why didnt you look behind you?", she again proceeded to apologize, I felt kind of bad but now thinking about it she should have been much more careful.

What happens now? I've never been in an accident before. How do I know who's at fault? I have the police officers phone and badge number. Will he call me, should I call him?

I'm sorry for ranting but my mind is racing at a million mph.

First glad your ok.
Now get the bike to YOUR shop dont let the vultures take it to "their buddies" and dont let the insurance push you to their shop, you have the right by law to have the shop of your choice handle your bike. You need independant information from a shop that you trust that will work for you in dealing with the insurance company. It very well may be a write off but if not you will want your guy being the one to issue the insurance estimate. I know that Wawanessa uses contract appraisers that for the most part are car body people (at least all that have come to my shop are) and they will simply take the estimate that the shop hands them, take a couple pics and issue their appraisal to the insurance compant. You need to be certain that EVERYTHING is listed on that appraisal including your gear.

[rukus]

go read the sticky in the insurance section, its titled "After A Accident, How to Handle the Claims Process"

[Snotrocket]

Fire Fighters were there first because they budget is MUCH higher then the paramedics. They have a ton more stations/staff/trucks and dont do half the calls the paramedics do. Well over half the calls fire fighters do are medical assists which now begs the question why spend more of that money on paramedics? Then they could arrive first thus having a much more advanced level of care right away? Luckily in this case it wasn't required as you were ok but if it had of been worse i would imagine you would want the paramedics there first?fficeffice" />>>
>>
I guess this is a whole new can of worms but it kind of makes my blood boil when medics are put down for slow response times without knowing the reasons behind it.>>
>>
Glad to hear your ok and I hope it all works out for you.

[smokeeater341]

Fire Fighters were there first because they budget is MUCH higher then the paramedics. They have a ton more stations/staff/trucks and dont do half the calls the paramedics do. Well over half the calls fire fighters do are medical assists which now begs the question why spend more of that money on paramedics? Then they could arrive first thus having a much more advanced level of care right away? Luckily in this case it wasn't required as you were ok but if it had of been worse i would imagine you would want the paramedics there first?fficeffice" />>>
>>
I guess this is a whole new can of worms but it kind of makes my blood boil when medics are put down for slow response times without knowing the reasons behind it.>>
>>
Glad to hear your ok and I hope it all works out for you.

Just to set the record straight here, all the medics I work with have the same professional respect for the FD as they do for themselves or any emergency worker. Your negative stereotypical bias get old fast....we are all in the business of saving lives, whether a cardiac event, fire, MVC or technical rescue. TEMS has a response window of 8 minutes to the scene whereas TFS has a 4 minute window. When fire is dispatched, it usually comes in as an MVC with possible entrapment/personal injury. The idea is to get any emergency vehicle to the scene as quickly and as safely as possible and conduct a proper size-up to determine operational needs. While I agree that ACP medics are needed ASAP at any trauma related MVC, suppose for a moment that one of the vehicles occupants was trapped and required extrication. Having EMS on scene before Fire is a moot point if the medics can't release the occupant from the vehicle.

To the OP, I'm glad to hear your injuries weren't worse than they are....the bike can be replaced and a lot of helpful tips have already been offered. I'm curious as to why the PD took so long to respond Hope to see you back on the road soon.

Cheers

[Psilyguy]

I hope you are feeling better, get a new bike, and are out and riding again real soon. Take care.

[ddusseld]

One thing to keep in mind is that the insurance companies have their own fault determination as per the link. This fault determination is completely independent of any HTA charges that may or may not be issued.

Logically you should not be at fault. But it is in the insurance companies best interest to find both parties somewhat at fault so they can raise the rates of 2 people and make more profit. I would not be surprised if you are found 25% at fault. If this occurs you end up having to fight the insurance company. Not easy and probably not going to be successful.

Thank you for the link.
According to the link, it says we are 50/50, but the situation was a bit different:
A) She did not signal
B) She was stopped closer to the side of the road
C) What is actually considered a "private road or driveway" - does that basically mean a side road?
D) she was closer to the end of the intersection rather than the begining

Thanks again.
Starting to feel the pain now lol

[Rob MacLennan]

Thank you for the link.
According to the link, it says we are 50/50, but the situation was a bit different:
A) She did not signal
B) She was stopped closer to the side of the road
C) What is actually considered a "private road or driveway" - does that basically mean a side road?
D) she was closer to the end of the intersection rather than the begining

Thanks again.
Starting to feel the pain now lol

Take a look at the rules of fault determination again. You're dealing with item #7; car pulling out of a parallel parking spot. You need to review that and make sure that you present it clearly to your insurance company. I've found that a couple of wrong words can screw up the whole claim.

[Stealth1]

1. Get Checked Out
2. Report the collision at the Collision reporting center and to your insurance
3. Give the info of your witness to your insurance company
4. Wait for insurance to approve having your bike repaired or written off

If she was pulled over on the side of the road and didnt signal to come back onto the road then she should be 100% at fault.

[unL33T]

As mentioned, whatever the cop says doesn't determine who is at fault according to the insurance company. It helps if the other person got charged with something but it's not necessary.

My first major accident was in a parking lot with no stop or yeild signs and when the cop showed up she said that since it was on private property no one was at fault so I almost didn't make an insurance claim assuming that my rates would go up. A friend of mine found the insurance documents online indicating who is at fault and I called my insurance company. They were the ones that told me that the cops don't know a whole lot when it comes to knowing who is at fault according to insurance rules. I called the guy and he still didn't want to pay because the cop had said it was no one's fault. Made the claim with insurance and they covered everything as it was the other guy's fault. You should be fine. Especially with witnesses.

[VifferFun]

In fact, here's the link:

http://www.ibc.ca/en/car_insurance/d...tion-rules.pdf

Check out section 10. (5)

7.3 seems more applicable in this case. The OP should be considered 0% at fault . . . I wouldn't worry.

[VifferFun]

The good it would do to charge her is insurance would clearly see it was other driver's fault and nothing will happen to the rider's premiums.

Convictions laid at the scene of an accident don't have much to do with fault determination; the insurance companies use FSCO's Rate Determination Rules to determine fault in a collision. I am quite certain that this lady will experience a rate increase as a result of the collision.

[FiReSTaRT]

IIRC if a vehicle operator is charged with an HTA offence as a result of the collision, the fault determination rules make them at least partly at fault.

[VifferFun]

LBut it is in the insurance companies best interest to find both parties somewhat at fault so they can raise the rates of 2 people and make more profit. I would not be surprised if you are found 25% at fault. If this occurs you end up having to fight the insurance company. Not easy and probably not going to be successful.

Wow, this entire board is just full of misinformation. If you're not at fault, then the insurance company will assign 0% fault. Period. There is no hidden agenda to get you a rate increase, and honestly, the claims handlers could care less about premium intake since that has absolutely nothing to do with their job.

I know the OP is worrying a lot about the "what ifs", but try to take it easy. I've been in your situation a few times myself, and I know the anxious feelings. We get ourselves all worked up before we even talk to the insurance company, and these thoughts are resonated by people on the board. In the end, the insurance claims process has always had a positive experience for me. The first time it happened, it was good timing to upgrade my bike

Glad you are OK!

[VifferFun]

IIRC if a vehicle operator is charged with an HTA offence as a result of the collision, the fault determination rules make them at least partly at fault.

I don't think you are recalling correctly. Fault determination has nothing to do with convictions.

[kiwi]

It's called an "accident".
**** happens and noone was seriousley injured...
What good would it do to charge anyone in this case ?

In the overall, universal scheme of things this fender bender is a non-event. Yeah... you're bike is smashed, but that's why we have insurance.

BS!! As a licenced road user you are expected to have due diligence operating your vehicle in a safe manner.

Your attitude is what is wrong with North American society and shows typical disregard of your own actions.

[[evo]]

btw, to the guy that was injured, call a good personal injury lawyer, you can milk the lady's insurance company nicely because of this bulsht that happened to you

And yet, we have a forum full of people bitching that insurance is a scam.


Chicken or Egg?

[Rob MacLennan]

Wow, this entire board is just full of misinformation. If you're not at fault, then the insurance company will assign 0% fault. Period. There is no hidden agenda to get you a rate increase, and honestly, the claims handlers could care less about premium intake since that has absolutely nothing to do with their job.

I know the OP is worrying a lot about the "what ifs", but try to take it easy. I've been in your situation a few times myself, and I know the anxious feelings. We get ourselves all worked up before we even talk to the insurance company, and these thoughts are resonated by people on the board. In the end, the insurance claims process has always had a positive experience for me. The first time it happened, it was good timing to upgrade my bike

Glad you are OK!

It's not mis-information; dd simply didn't know what, if any, of the rules of fault determination might apply. They can be rather arcane in their implementation. For instance my truck was struck on the left side by a taxi that had been pulled off to the side of the road and he was straddling the sidewalk when he struck me. I was found to be 50% at fault, though police would cite him for "operation without due care and attention."

I suggest that you read the rules of fault determination, then compare them to both the HTA and common sense. You'll find a sizeable gap between them.

As I said previously, IF PRESENTED PROPERLY, this is a case where no fault would be assessed to the motorcyclist.

[Rob MacLennan]

It's called an "accident".
**** happens and noone was seriousley injured...
What good would it do to charge anyone in this case ?


In the overall, universal scheme of things this fender bender is a non-event. Yeah... you're bike is smashed, but that's why we have insurance.

They're called Demerit Points. You have a given number of them for a reason. If this is a one-off incident, then you walk away with little impact to your record. If you habitually fail in doing due diligence, then you lose your license. That is how the system is envisioned to operate.

[VifferFun]

It's not mis-information; dd simply didn't know what, if any, of the rules of fault determination might apply. They can be rather arcane in their implementation. For instance my truck was struck on the left side by a taxi that had been pulled off to the side of the road and he was straddling the sidewalk when he struck me. I was found to be 50% at fault, though police would cite him for "operation without due care and attention."

I suggest that you read the rules of fault determination, then compare them to both the HTA and common sense. You'll find a sizeable gap between them.

As I said previously, IF PRESENTED PROPERLY, this is a case where no fault would be assessed to the motorcyclist.

Sorry, I wasn't clear. I was referring to the part of the post stating the insurance company's hidden agenda to assign fault to all operators as if this is fact. This is misinformation.