Advice needed – Involved in a collision

[statsman]

This is nothing more than a blatant and obvious attempt to intimidate you into taking 100% of the blame.
There are certain personality types who are incapable of accepting blame and responsibility for any havoc that they cause.
We all know people like this.
I hope you included his attempt to shake you down in your statement.
He was making a right turn from the centre lane, you were making the same turn from the right most lane.
No question in my mind who was the most at fault in this scenario and it wasn't you.

 

[Baggsy]

I would be on the phone to my insurance company at the scene. They determine who is at fault, not some cop friend. Then go to the reporting centre. Do it a.s.a.p.

 

[kellen]

Haha tell him to **** off, say you know a cop too and that he said when someone turns right from a left hand turn lane and hits someone because the lane wasn't clear that he is at fault. Tell him to go ahead and call his ins co because you don't have collision and you need your bike repaired on theor dime.

 

[Robp]

He was making a right turn from the centre lane, you were making the same turn from the right most lane.
No question in my mind who was the most at fault in this scenario and it wasn't you.

Maybe I missed something, but I believe the OP was actually going straight through and never had the intention of turning right.

 

[Joe Bass]

Maybe I missed something, but I believe the OP was actually going straight through and never had the intention of turning right.

He COULD have been turning right ?

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[48Connor]

He COULD have been turning right 

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Just making a wide right turn, that's all. Look, the debris in the photos prove it. :lmao:

 

[Krime]

Okay, so I'm realizing I didn't draw the most accurate diagram in my report this morning at the CRC. I drew the following version on the left – realizing I'm missing the left hand turning lane and the opposite lanes as well, this really is a huge intersection. The lanes involved in the collision are still accurate, I just hope I didn't shoot myself in the foot by excluding the westbound lanes and the left turning lane of the eastbound lanes. The diagram to the right is most accurate.

Any way I can make an amendment to my original statement to include the new drawing? Or is this not even necessary.

I did include a printout of the following photo as well:

 

[JZ67]

The fact you reported a collision is the determining factor - it'll go on your driving record which your insurance company will see, and even if you don't file a claim now they'll know about it anyways. If you're 0% at fault it makes no difference, but if the fault determination rules hold you even partly at fault it'll go on your insurance record as such.

Unfortunately I speak from experience – about 10 years ago my wife got into the tiniest little fender bender with somebody in a parking lot, perhaps a few hundred damage to the other vehicle and none to ours. I fully intended to just pay for the repairs myself on both vehicles however I made the mistake of even just calling my insurance company, telling them about it, and inquiring about the legality of just paying for things myself and not filing a claim. It was at that moment they told me that effectively since I had been in a collision and had told them...that it was on my record, claim, police report, or otherwise.

Needless to say I'm now very careful about what I choose to say (or not say) to my insurance company, despite never being in the situation ever again since.

I think this may depend on your insurance company. Had a similar situation a few months ago. Accident followed by call to ins co and then found the quote for repairs was actually peanuts (no damage to others property). Called ins co to advise I wasn't making a claim. I asked if it would remain on the record and they said no - only paid claims are on file. My ins co is Co-Operators if that matters any.

Just received renewal - no rate increases.

 

[Robp]

I think this may depend on your insurance company. Had a similar situation a few months ago. Accident followed by call to ins co and then found the quote for repairs was actually peanuts (no damage to others property). Called ins co to advise I wasn't making a claim. I asked if it would remain on the record and they said no - only paid claims are on file. My ins co is Co-Operators if that matters any.

Just received renewal - no rate increases.

This happened to me about 15 years ago. Reported to CRC. Got a call from Royal Bank Insurance the next day and told them I wasn't going through them or anything. They said ok, no problem. Only claims are kept on file.

 

[Blackfin]

Okay, so I'm realizing I didn't draw the most accurate diagram in my report this morning at the CRC. I drew the following version on the left – realizing I'm missing the left hand turning lane and the opposite lanes as well, this really is a huge intersection. The lanes involved in the collision are still accurate, I just hope I didn't shoot myself in the foot by excluding the westbound lanes and the left turning lane of the eastbound lanes. The diagram to the right is most accurate.

This drawing shows you returning to the straight-thru lane prior to entering the intersection.

If this is true then he's 100% at fault, no?

 

[Krime]

This drawing shows you returning to the straight-thru lane prior to entering the intersection.

If this is true then he's 100% at fault, no?

This is what I'm hoping. I know he's going to say I was still in the other lane. I'd just barely got back into the right part of the original lane when I slammed on the brakes and weaved back to the right trying to avoid him. Because of this, the collision likely happened more within the right lane although it was in the intersection at that point. What I'm frustrated with is in the image of the intersection on the previous page, it almost looks like I was way over in the right lane (which I would never have been as its not even the proper blocking position if I was in the far right lane as he's claiming)... It looks this way because I picked up the big chunks of debris and kicked over the smaller debris more to the right, so it was more out of the way for passing vehicles. I should have left the debris as it was.

 

[Krime]

This happened to me about 15 years ago. Reported to CRC. Got a call from Royal Bank Insurance the next day and told them I wasn't going through them or anything. They said ok, no problem. Only claims are kept on file.

This was my understanding after speaking with my agent. Even if there is a claim on file, it apparently cannot affect insurance rates if it's 0% fault. If it's 50 or 100% on your record it will have negative consequences.

This being the case I would imagine my best bet would be to settle outside of claims and we each pay our own. Otherwise I'm risking a 50/50 judgement if a claim does go through. Best case I suppose is that the claim goes through and he's 100% at fault. At least this is my current thinking.

I'll likely speak with him later today to see what his intentions are. I'm imaging he'll still be expecting me to pay for his damages which will force me to make a claim.

 

[redridernl]

This was my understanding after speaking with my agent. Even if there is a claim on file, it apparently cannot affect insurance rates if it's 0% fault. If it's 50 or 100% on your record it will have negative consequences.

This being the case I would imagine my best bet would be to settle outside of claims and we each pay our own. Otherwise I'm risking a 50/50 judgement if a claim does go through. Best case I suppose is that the claim goes through and he's 100% at fault. At least this is my current thinking.

I'll likely speak with him later today to see what his intentions are. I'm imaging he'll still be expecting me to pay for his damages which will force me to make a claim.

IMO You shouldn't speak with him at all, just let insurance handle it. He will try to screw you.

 

[hedo2002]

OP, I suspect you will find that under the FDR, (Fault Determination Rules), that the insurers are required to file with FSCO and follow, when completing claims, this will be ruled a 50/50 scenario. You were not making a right turn, but attempting to proceed straight thru an intersection from a lane which didn't exist on the other side of the intersection, (Commonly referred to as a bus bay). It wouldn't have been marked as a right turn lane because for all intents and purposes under the HTA, it is not a right turning lane, but a bus bay. The lane which the disabled tractor trailer unit was in is the actual lane one "should" be making a right turn from, (even though we all now in reality people use the bus bay as the right turning lane).

The other vehicle, also made a turn "not in safety" in that he didn't look for obstacles, (even though you NEVER should have been there), the other driver is required to ensure the path is clear. The fact that neither of you have been charged by police is immaterial. A police charge does NOT affect insurance FDR's.

It appears that you don't have the disposable income to pay for the damages to the other vehicle and also have purchased accident forgiveness. In this instance, it is in your best interest to file the claim, and be done with it. Just be aware, that this means you can not purchase accident forgiveness coverage at renewal, (depending upon your insurer's own rules it could vary 3 - 7 years before this coverage can again be purchased, same as the time period you would have faced increased premiums if you didn't have that coverage.

In the end it will likely cost the other driver MUCH more when his rates go up for the next 3 - 7 years on his BMW, (or whatever status symbol he buys next..lol)

As for "amending your drawing" on the police report, this is not permitted. At best they "may" allow you to file a supplementary report, with the amended drawing attached, but the original report will remain on file with the original drawing. This is why when filing an "official report" it is best to take your time, (once you begin filling it out there is no time limit you can rush and do it in 10 minutes or you can ensure you have it right and take 120 minutes..lol

 

[Krime]

OP, I suspect you will find that under the FDR, (Fault Determination Rules), that the insurers are required to file with FSCO and follow, when completing claims, this will be ruled a 50/50 scenario. You were not making a right turn, but attempting to proceed straight thru an intersection from a lane which didn't exist on the other side of the intersection, (Commonly referred to as a bus bay). It wouldn't have been marked as a right turn lane because for all intents and purposes under the HTA, it is not a right turning lane, but a bus bay. The lane which the disabled tractor trailer unit was in is the actual lane one "should" be making a right turn from, (even though we all now in reality people use the bus bay as the right turning lane).

The other vehicle, also made a turn "not in safety" in that he didn't look for obstacles, (even though you NEVER should have been there), the other driver is required to ensure the path is clear. The fact that neither of you have been charged by police is immaterial. A police charge does NOT affect insurance FDR's.

It appears that you don't have the disposable income to pay for the damages to the other vehicle and also have purchased accident forgiveness. In this instance, it is in your best interest to file the claim, and be done with it. Just be aware, that this means you can not purchase accident forgiveness coverage at renewal, (depending upon your insurer's own rules it could vary 3 - 7 years before this coverage can again be purchased, same as the time period you would have faced increased premiums if you didn't have that coverage.

In the end it will likely cost the other driver MUCH more when his rates go up for the next 3 - 7 years on his BMW, (or whatever status symbol he buys next..lol)

As for "amending your drawing" on the police report, this is not permitted. At best they "may" allow you to file a supplementary report, with the amended drawing attached, but the original report will remain on file with the original drawing. This is why when filing an "official report" it is best to take your time, (once you begin filling it out there is no time limit you can rush and do it in 10 minutes or you can ensure you have it right and take 120 minutes..lol

Ah this is interesting, thanks for the details. Im hoping that since I was back in the edge of the middle lane (even for as briefly as it was) prior to the collision, this will help in my favour.

I sent a message to the BMW driver asking if he's received the quote and if he has any intention of paying for it himself. I'll see what he says. Interesting, his plates were from the states, and so was his insurance information which was registered to a person with the same last name but different first. His drivers license was from Ontario though. The CRC lady mentioned that it was not his car, so I'm guessing it must be a brother or other family members.

Looking at my copy of the CRC report I also noticed they put in his phone number incorrectly and identified the collision as happening in the lane rather than in the intersection. Unfortunately I was never asked to review the sheet I was provided when I was done and left. The drawing does clearly show the incident was in the intersection, so hopefully that will be clear enough.

 

[Krime]

Regarding the claim, is there any effect regarding the amount that is paid back to me if it's found to be 50/50 fault? I'm wondering if I'm better off claiming less than more.

 

[Baggsy]

I'm left wondering why you haven't called insurance yet? If you're found at fault you won't be able to pay for the auto out of pocket. To me, leaving a claim this long seems a little suspicious. A claim is a claim is a claim. You're better off claiming exactly what was damaged.

 

[FLSTC]

Yes - 50% from your DCPD coverage, 50% from your collision coverage(which you don't have?)

 

[Krime]

Yes - 50% from your DCPD coverage, 50% from your collision coverage(which you don't have?)

This makes sense, thanks. Correct, no collision.

 

[Krime]

UPDATE

Great news. As I didn't hear back from the BMW driver last night, I called and filed a claim this morning.

The claims agent pulled up his CRC Report and it aligned with mine, I've been found not at fault – primarily because he made a right turn from the left lane. Turns out the car was not his, which was likely part of what fuelled his attempt to bully me to take the blame.

Next step is to get the bike into a shop to have photos taken and provide my insurance with a damage estimate. I'm thinking Suzuki of Newmarket.

As I'm a bit sore (as of yesterday), they've opened a claim for injuries just to follow up with me after I see my doctor on Monday. I'm sure I'll be fine.

Thanks everyone for the input.