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Top 5 Things you don’t know about Automobile Accidents

May 11, 2011

Accidents are very stressful events, physically, financially and emotionally.  One of the best things we can do to get through the experience is to be prepared and know what to do ahead of time.

If you’ve never been involved in an automobile collision before, or if it’s been a while, you may not be familiar with what to do or how to react in certain situations. With that in mind here are 5 things you didn’t know about car accidents and what to do if they happen.

Five things to know about car accidents

1.  You can still be considered "at fault" in an accident, even if you weren’t charged.

The police and insurance companies have different criteria for determining who is at fault in an accident. In many cases, especially in bad weather conditions or situations with extenuating circumstances, the police may choose not to charge either driver with an offence.

This is in contrast with insurance regulations in which one party or the other, (sometimes both) is always considered to bear the fault for a collision. Fault in a car accident in Ontario is decided according to the Fault Determination Rules set out in the Insurance Act. The Fault Determination Rules cover over 40 different accident scenarios and assign a fault percentage from 0 to 100% to each driver in an accident. Similar laws exist in other provinces as well.

Being considered at fault for an accident in insurance terms doesn’t mean you will or should be charged by the police, it’s simply a way of assigning responsibility for an accident for the purpose of determining insurance compensation and financial responsibility.

2.  "No fault" insurance doesn’t mean that no one is responsible for an accident.  

Many provinces in Canada, such as Ontario, have what is known as No-fault insurance. You might be tempted to assume this means that no one is held responsible for causing an accident.

No-fault insurance means that regardless of who is at fault, you only deal with your own insurance company when making a claim. You don’t have to chase down the other driver’s insurance company to seek financial compensation for an automobile collision.

What this means for the consumer is that you can settle your claims faster, easier and receive any benefits you’re entitled to sooner than if you had to track down the other driver’s insurance company yourself.

3.  The most common accident location is a parking lot.

Accidents can happen anywhere, but the most common location is in a parking lot. Parking lots have a large number of cars in a relatively confined space and many of those cars are in the midst of making difficult manoeuvres such as backing up, making tight turns and entering traffic lanes.

Parking lot accidents generally cause the most confusion as to which driver is at fault in a given scenario. The fault determination in an accident depends on the specific details of each case, however there a few general rules to go by:

  •     If a driver who is in motion hits a parked car, the driver in motion is typically at fault. If you’re in motion, you must have control over your vehicle and should be able to avoid stationary objects, even those that are parked in inconvenient or illegal locations.
  •     Drivers entering a lane of traffic must yield to other cars. If you’re pulling out of your parking space to enter a lane of traffic, you must yield to other vehicles traveling in that lane. Also, as a general rule, drivers who are turning must yield to drivers travelling in a straight line. If you’re turning into a lane, you must yield to drivers who are already travelling in that lane.
  •     You can get a traffic ticket in a parking lot. Failure to stop at stop signs, collisions with other vehicles and excessive speeding can all result in you receiving a traffic ticket, even though you’re in a parking lot.

    4. What to do in a hit and run accident.  

    Failure to stop or leaving the scene of an accident is a violation of the Criminal Code of Canada and if you’re convicted of doing so, you may face up to five years in prison along with hefty fines and likely the cancelation of your insurance policy. No matter what the circumstances of an accident, you will always make things worse by leaving the scene.

    If you’re the victim of a hit and run accident, try to record as much information as possible. Write down the license plate, make, model and colour of the vehicle and as many details of the accident as you can and call the police immediately. Seek out any witnesses you can and get as much contact information from them as possible.

    5.  When to call the police after an accident.

    You are required to call the police if you’re involved in an accident in which more than $1,000 in property damage has occurred or if anyone has been injured as a result of the accident. You should also call the police if you suspect the other driver was engaging in illegal activity such as drinking and driving.

    It may be difficult to estimate the amount of damage caused, but in most significant automobile collisions, there will be at least $1,000 in damages. The $1,000 limit in property damage includes the cost of damage to all of the vehicles involved as well as any other damage resulting from the collision such as broken or dented traffic barriers, telephone poles or signage.

    If the accident has caused significant damage, but no major injuries, you should call the local police department line, rather than using 911. 911 should be reserved only if someone is seriously injured, if there is a fire resulting from the accident or if you feel there is an immediate threat to your safety or that of others in the area.

    Hopefully you will never need to use this information, but if you do find yourself in a collision, the more prepared you are in advance, the better. If you have any further questions about how to handle different car accident situations, contact your insurance agent or broker who can offer you advice specific to your particular situation.

    • Amanda kelln

      Our Truck was struck by a moving vehicle while parked in front of our house. The driver was driving a rental vehicle and had to be taken to the hospital. The driver was going fast enough to push our truck over 45 feet into the neighbors yard. Our insurance company is fixing the damages and we have a rental for now but after 30 days we are responsible for the payment. How do I get compensation from the driver?

    • Nick – InsuranceHotline.com

      Hi Amanda,

      30 days should be enough time to have your vehicle repaired so the rental bill should be covered by your insurance company. However, not all insurance companies have the same rules. You are best to speak with your insurance professional to obtain the advice that you need.

    • John Mauger

      I had just dropped off my friend at his house and i was backing out of his driveway and a woman came around the turn in front of his house speeding and hit the back of my car as i was backing out, also i was pritty much all the way out in the road when she hit me in the rear of my car but my car was still rolling backwards at the time she hit me and it pushed my car back into the driveway, i was wondering who would be at fault here?

    • Nick – InsuranceHotline.com

      Hello John,

      According to the “fault determination rules” in most provinces, you would likely be at-fault as you were backing up.

    • olja

      how do we dispute the partial-at -fault label we got from the insurance company? The charges were dismissed in court, but our history says “partial at fault”. It was the city that should be at fault as they marked the lane wrong during a construction so a car drove into ours because their lane led the car into our lane. Also, how is it possible that the insurance for the car we drove, a company car, didn’t go up after this accident, but insurance for our personal car did go up?
      Thank you

    • winnie

      Hello, I was backing out of parking space, about 2/3;s out, basically more out than in when the car across from me backed out I hit my horn but he kept coming. He got out of his car and I asked for his info inurance ect but he said its no fault not needed I insisted but didn’t have a pen so took photos of his insurance slipp . Do I call my insurance company? There is a gouge in my bumper and it is sctaratched up.

    • Shane

      I was driving down a merge lane in snowy and icy conditions, driving slowly (15-km/h approx) and a (rental) car was stopped at a yield sign over 30 meters away. No traffic was oncoming but the car ahead wasn’t moving. I slowly applied the brake and nothing happened. I tried to stear away from the still stopped car but could find no traction. What I’m wondering is shouldn’t the car stopped at a yield sign hold the liability. There was no reason for the other car to be stopped, if traffic was oncoming I can see how I could be at least partly at fault (even thought the roads had worsened as the sun had just set) but my gut tells me the other car was stopped not for traffic or weather related reasons. ( I suspect they were looking at a map and my have been distracted)

    • Nick – InsuranceHotline.com

      Hello,

      If you are in disagreement about the fault determination at the time of claim settlement, you can contact the ombudsperson of your insurance company. They will be able to let you know what the process is.

      Thank you.

    • Nick – InsuranceHotline.com

      Hello Winnie,

      Once your insurance company is aware of the incident, you will likely be considered 50% at fault for this loss as both you and the other driver were backing up.

      Thank you.

    • Nick – InsuranceHotline.com

      Hello Shane,

      Unfortunately, since the other car was stopped, you would be 100% at fault. The thinking being that we should always be in control of our vehicle no matter what the reason for the driver ahead of us stopped for .

      Thank you.

    • stu

      just leaving parking spot started to drive west when a vehicle driving south pulled out from behind a parked vehicle in front of me and i couldn’t stop who is at fault

    • Nick – InsuranceHotline.com

      Hello Stu,

      It is best to speak with your insurance company for exact fault determination. This article may also be of help to you: http://www.insurancehotline.com/what-happens-if-youre-in-a-parking-lot-accident/.

      Thank you.

    • Samantha

      I was driving behind someone and we were approaching a stop sign. I rear-ended their vehicle because of the slippery, icy road. I had no control over my vehicle since the car kept on sledding until I hit the vehicle in front of me. In my defense the owner of the vehicle in front of me stayed a long time at the stop sign since she happen to see her friend and started to waive and say hello to her. I was hoping that she’d move before I hit her car but she didn’t move and I started to honk continuously so that she moves but it was too late. I had rear-ended her car and it resulted in a little nick on her car but with more damage on mine. We stopped on the side and we exchanged info and since the insurance had raised their fees, we both said that we might not make a claim with the insurance company.
      On the same day, this woman’s husband called me and said that he was not going make a claim with the insurance company. However, he is taking his vehicle to the body shop and repairing the bumper. He also said that he wants to check if there are other damages done to their vehicle and that is for me to pay for the repairs.

      Who’s at fault when in bad weather conditions such as icy, slippery roads. Would it still be the vehicle behind the other or are there situations where this rule doesn’t apply such in this case with the icy roads. Please let me know what my rights are. I live in Brampton, Ontario, Canada and i want to know what to do before I pay these people through the nose. Thank you.

    • Anna Escareno

      I was turning right on the right side in a Mcdonalds parking lot around the building by the drive they’re s when a car entered the lot fast and went right towards me to go in the drive thrue. I went around to the left to avoid greeting hit thinking it was all clear but there was a thick curb sticking far out that hit the drivers left side bumper which was not visible. Supposedly I was exiting the wrong way but there were no signs at all warning me or I wouldn’t of hit that curb. Do I jabber any case for the damage?

    • Nick – InsuranceHotline.com

      Hello Samantha,

      For complete fault determination rules, please visit: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900668_e.htm

    • Jose

      I was involved in an accident where the other party was in the turing lane to cross the other side of the interstate i was passing a car so i was in the middle and the other car was in the outter lane, there were two trucks in the crossover so the car in the turning lane that had 24″ rims came back in my lane suddenly so i slammed on my brakes entered the turning lane and aimed for the ditch missing the cars in the cross over but the car turning that went back into my lane since he has to turn wide with his big rims took the turn from my lane hitting me ruining the entire passenger side of my car, i ulimstely make it to the ditch and even miss the ceter bariar the divides the north and south bound lanes. the big rimmed car says its my fault because i was in the turning lane but i went there to avoid a rear end collision. My insurance told me they were at fault because they left the turning lane and then took the turn from my lane and they were so far in my lane that it only caught the front tip of the driver side of their car and i had so much room i didn’t hit the people in the crossover or go into the center divider bariar thing. But when they talk to my mom they told her its a no fault accident because in between this time the people called my insurance and were trying to make a claim but i never gave them my insurance info just gave it to the police and nobody was ticketed and the cops never said who was at fault. so now what the insurance is waitiing for the report and said we will go from there and the guy even told the cops he went into my lane to make the (wide) turn and i also told them he came in my lane suddenly. if its no fault i have to pay for my own car that is probably totaled. any adivce?

    • cdeserro

      I was in a minor parking lot accident; I was parked in a parking lot, and had the drivers door open to exit my vehicle, I heard someone yell stop than a minivan drove into my door bending my door and denting the hood of their vehicle where my door had caught it. I had called non emergency police they told me that we were supposed to exchange information and go down to accident centre fill a report and accident centre will determine what to do. Next day I went to accident centre filled a report the police said it was a no fault 50-50 accident ( private parking lot) and that if I choose to go through insurance company or fix on my own because it is a 50-50 accident. I fixed it on my own. A week later my insurance company calls with a list of body shops that I can bring my vehicle to, to get fixed. I tell them that it is already fixed than I am told that I am at fault for failure to yield to on coming traffic, and I am transferred to another person this time I am told that I am at fault because the other party is claiming to have been parked and that I opened my car door and hit the side of their vehicle ( I took pictures of the front damage of their vehicle and my door as well). Now I am being told that it is under review and going to an adjuster. Can anyone explain to me what is going on? Am I just being jerked around here?

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello
      I am sorry but I can’t answer your specific questions as each situation is unique. If you feel that you are being incorrectly attributed fault for this incident, you can contact either the claims manager or the insurance companies ombudsperson. Your adjuster will be able to provide you with this information.
      Good luck!

    • Jack W Smith

      My grand daughter has full coverage and is stopped at a red when a truck hits the car behind my grand daughter car and pushes the car into my my grand daughters car then the truck left the accident scene. Is my grand daughter responsible for the repairs?

    • Bill

      We were parked in parking lot for a short time. When we arrived back at our new Suv. We noticed a dent over the back wheel. The person took off a left no info.
      What can we do?
      Frustrated

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello Jack,

      Typically the driver that rear ends (hits the vehicle in front) is responsible. Because this is a hit and run, the police will be conducting an investigation. Your insurance professional (broker/agent) will be able to direct you to your claims adjuster. They will be determining fault. If you are curious about the fault determination rules, please see this link – http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

      I hope this helps.

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello Bill,

      Parking lot accidents can be tricky as there are so many variables. You could speak with your insurance professional (broker/agent) to find out what they suggest. You could file a police report for the damage which would help you out with the fault determination. Here is a link to the Insurance Bureau of Canada’s fault determination rules. This might be of some help. http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

    • Mike

      I rolled my car and the police arrived. However it was just me no other vehicles involved and there were no injuries or damage to any property. They made a report.

      I don’t want to go through insurance as my rates will skyrocket. I plan on fixing the car myself as the damage isn’t too bad the airbags didn’t even go off. Am I okay doing this? Can insurance fine out about the accident?

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello Mike,

      Your insurance company can find out from the police report. You are best to contact your broker/agent to let them know about the accident directly from you.

      You may have an accident forgiveness endorsement on your policy which allows you one accident (your first) without any rate change.

      Take a look over your current policy to see what you are covered for and speak to your insurance professional.

      If you feel that you want to dispute anything regarding your insurance (ie: a rate increase) you can do so utilizing your insurance ombudsman.

      You can ask your insurance professional to put you in touch with them or you can go directly through this site : http://www.giocanada.org/

    • grammy65

      my daughter is 18 .shell be 19 this may.in feb. one morning,her sister was getting ready to go to nursing school and had a flat tire.she asked to borrow her sisters car.you guessed it she was in an accident.she totaled her sisters car.to make this a long story short,my 18 year old’s insurance company will no longer insure her as of 29th of june.she is going away in September to college about two hours away from where we live.is there any insurance companies that will take her or can her sisiter put her on her insurance as a second driver.she has never lent her car out before and I know will never again.i hate to see this happen to her.

    • Mike

      I had a raccoon ruin most of the front of my car last year. I had the repairs done through my insurance company, but not at their preferred shop.

      Now I have had a mechanical warranty issue come up from the work that was done. (A/C hose was installed too close to the A/C compressor and that hose is rubbed through and it chewed the belt up.) I didn’t notice till recently, because I rarely use the A/C. I went to the shop to show them and they agree that it is warranty, but told me to contact the insurance company to send the adjuster out to have it fixed. I called my insurance and they told me that it isn’t their problem, because I didn’t take it to their preferred shop. Their adjuster approved all the work to be done.

      I said that to the repair shop and the owner told me: That is B.S. We deal with this all the time with insurance companies. Call them back and tell them that their adjuster approved all the work and if they give you a hard time. Tell them you will be contacting your lawyer.”

      I haven’t taken it any further yet, but I want to know if my insurance company is responsible for the repair?

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello Mike,

      I am not sure if the company will be responsible for the repair. You can check with the insurance ombudsperson for your company. You can get their name from your adjuster.

    • Dave

      I was crossing over to another road and was nearly over and a car com speeding down the road and smashed into me rear driver side door he said im to blame for pulling out and not looking but i never seem him , he was speeding and skidded i to me who is to blame ?

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello Dave,

      Because the details of this exact situation are unclear… there are many variables to be considered… I would suggest speaking to your claims adjuster as they will be the ones investigating the accidents and specifics. The Insurance Bureau of Canada’s Fault Determination Rules is something you can take a look at here – http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf
      this is what your adjuster will be using as guidelines. I hope this helps. Typically the driver who hits from behind is considered at fault. Likewise if one driver was turning left, they are typically considered at fault, however, like I said, I’m not sure what the details are of your exact situation here and you are best to speak with your claims adjuster.

    • Muneeb

      Insurancehotline I have a question that I hope you could answer for me as soon as possible. I was driving in the lower level of the garage in my apartment complex, as I was about to get on the ramp to exit the garage a car was coming down, I noticed that he didnt have enough space and steered my car to the side. He somehow still scraped the wall and totally tore off the paint on the left side of his car. Am I at fault ? He says he will take me to court, but I don’t want my insurance to be increased. Please reply as soon as possible

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello Muneeb,

      As I’m not sure of the exact situation here and there are many variables to consider, you would be best to speak to your insurance professional (broker/agent/claims adjuster) as they would be the ones determining fault. You can also view the IBC’s fault determination rules for yourself here http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

      If there was no contact made with your vehicle, it is likely that the other driver will be considered at fault, however, like I said, I’m not sure of the exact details, so you might want to talk to your claims adjuster.

    • Tina

      My daughter was driving my car, made too sharp of a turn and scuffed the bumper of a parked car in a parking lot. Wondering the rules of going through insurance? Would the parked car be responsible for their deductible or would my daughter be responsible for the whole amount?
      Thank you for any clarification.

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello Tina,

      When you lend another driver your vehicle, you are in a sense, lending your insurance policy. Typically, the driver of the moving vehicle is considered at fault. I hope this helps. It might be best to speak to your insurance professional (broker/agent) to see what the details of your policy are for your daughter.

    • Ruby0wl

      Hello!

      A driver cut me off on an Ontario highway. My car is now un-drivable, and I am unsure about the extent of damage to hers. My insurance company has determined it to be the other driver’s fault, but I do not have collision insurance[I only have the minimum liability insurance], therefore I must wait for her insurance company to come to the same conclusion before they can pay for repairs to my car.

      The accident occurred 12 days ago, however after questioning my insurance company, I have found out that the other driver’s insurance has been unable to contact the driver, and wants to wait to contact the driver and finish the claim process before deciding if they can pay for the repairs to my car. I think this is not acceptable, as I am heavily inconvenienced by my current lack of a car. Is there anything I can do with my insurance company, or with the police [I have a police occurrence number] in order to speed up the process?

      Thank you,
      Bianca

    • Fabian Mauricio Rojas Ceballos

      Hello

      Guy crashed nothing serious, but guy took off i have license plate what should I do ?

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello Fabian,

      You can go to file a police report and contact your insurance professional if you wish to make a claim

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello,

      I would suggest speaking to your ombudsman… you can obtain this contact information from your insurance professional (broker/agent).

    • George

      going to be charged with dangerous driving…opp advised my insurance. They have sent registered letter saying they are not covering any loss, even though I haven’t even been charged yet, let alone convicted. Also want me to sign to cancel my insurance before underwriter cancels it on me. Can they do that?

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello George,

      This is hard to comment as we do not know all the details. I would recommend that you speak directly with your insurance professional (broker/agent) or get in touch with your insurance ombudsman – here is a link http://www.giocanada.org/

    • GregP

      A car swiped/scratched my vehicle while it was parked. A witness then notified me that the driver re-parked their vehicle in another area of the same parking lot. The damaged was photographed. Does the re-parking constitute hit and run?

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello Greg,

      Yes, however, parking lot accidents can be tricky. Typically, the driver of the moving vehicle is considered at fault. Talk to you claims adjuster. It is great that you have photographs and a witness to file a police report!

      I hope this helps, check out the IBC’s fault determination rules here http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

    • Breanne

      i was in a parking lot and backed out of my spot just as i was about to take my foot off the break a man in the handicap spot backed into me. he did not have a permit first of all. i had three people in my car with me and the one in the front watched the whole thing happen because he was looking at the other in the back. This man gave me his insurance but asked for my to because he said it was my fault even though i was in drive just about to take my foot off the break. Im only 17 so when i got out and was getting his insurance he then started to be really rude to me. my moms name is on my insurance even though i pay for everything by myself and he asked me if my parents were divorced and when i said no he said “oh so daddy bought you your car” it was brand new off the lot when i bought it so i take a lot of effence to that because my parents have not paid a dime into my car i have paid for the whole thing. then he started swearing and saying if you would have just looked behind you like you were supposed to none of this would have happened. I dont know why he was doing this because it was clearly his fault he didn’t look i was completely out of the spot when he hit me. anyway there is a dent in my bumper and another just under my light. i dont know how to go about this can i still file a police report, is it going to have to go through my insurance even thought i have three witnesses. i have never got pulled over or ever been in an accident and i have been driving since i was 16. my insurance is already almost 400 a month because it was brand new when i bought it.

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello Breanne,

      Parking lot accidents can be tricky. You are best to speak directly with your claims adjuster (you can contact your broker/agent to do this) as they will be the ones determining fault. Take a look through the IBC’s fault determination rules here http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf You can also file a report at your local collision reporting centre as you have witnesses. this is where you would give all the details you gave here.

    • Julio

      Hi,

      A few days ago, a car rear-ended me while I was stopped in the middle of the road because the two-cars in front of me were arguing with each other. It was wet out and the damage to my car is about $800 (got a quote). We both agreed to not file a police report and settle outside of insurance. As of today, the other driver has not paid me, nor have I contacted the police or insurance. Wondering what recourse I have in case the other driver does not pay me. I only have his name and phone number, no other details.

      Thanks,

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello Julio,

      What you decide to do is your personal choice. You may choose to file with the collision reporting centre (different from filing police report and not connected).

    • lil

      Hello,

      if someone backs up in their own driveway and hits a car thats parked on their driveway. Is it considered private property and who is at fault? What if the parked car is parked “illegally”?

      Also, what if nothing was filed for over 3 weeks after the accident? What can be done?

    • Julio

      Thanks for your response. Will filing a report with the police, collision centre, or insurance guarantee that I am not out of pocket for the $800?

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hi Julio,

      The collision reporting centres typically do not contact the insurance company. I’m not sure what will happen with you and the other driver…

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello,

      This is too ambiquous… without knowing the specifics, I’m sorry, I cannot help you. You can try to take a look through the IBC’s fault determination rules here http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

      See if you can find your exact situation and you will be able to see what the claims adjuster at your insurance company would be classifying as fault.

      I hope this helps!

    • Reedo

      I was backing out of the parking garage at my job and a car hit my rear driver side bumper The damage to my car was little to none but there was damage to his car am I at fault?

    • jdornbos

      I backed into a light pole will this mean I have to pay the deductible? I am in a no-fault state.

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello Reedo,

      You can see the IBC’s fault determination rules here: http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

      You can also speak to your claims adjuster as they would be the ones determining fualt (if you choose to go through insurance)

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello jdornbos,

      If you make a claim through your insurance, you will have to pay your deductible.

    • Mike McNamara – Winnipeg, MB

      I was driving along a multi-lane road during a period of time with extremely heavy traffic. I was in the second from far left lane, and noticed that the left lane was empty. I signalled and checked my blind spot, started to move to the left lane and checked blind spot once more. This time I saw a motorcycle braking hard and he stopped right before hitting me. As he stopped, or just after he stopped, he fell to the ground. Is this an accident? Who is at fault?

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello Mike,

      This is still considered an accident, yes. You can speak to your claims adjuster as they will be the ones determining fault. You ca also view the IBC’s fault determination rules here: http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

    • Vick

      Hey I got into an accident yesterday it happened at an intersection where the light was great and suddenly turns yellow and the car going in front of me was going at a speed of 60 suddenly stops after crossing the long and half way at the pedestrian line. I try to control my car but couldn’t in a matter of second I crash. Cop charges me with 500 bux and 6 demerit points. He said to go and do the trial, what should I do any opinion lawer may cost me lots please help

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hi Vick,

      You can speak to your claims adjuster directly as they will be the ones determining fault. If you would like to see the rules that are guidelines for claims in Canada, you can view them at the IBC’s fault determination rules link here: http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

    • Leslie

      Hi. I hit a woman today backing out! I checked for cars didn’t see any and my view was blocked by a bigger truck. The woman refused to call the police and said it was my fault. I gave her my phone number and she called today saying the car wasnt hers and made her older brother talk and say it was his car. Now they want me to accompany them to a mechanic and pay all damages. Do I have responsibilty? She didnt show me her driver license or anything? Im worried and don’t know what to do?

    • Nardi

      I was involved in a hit and run car accident in Kitchener, ON while walking to my work place. I don’t have a car nor a driving license. I suffered several fracture on my leg, hip and shoulder. Although the case is under Police investigation, there was no success in identifying who caused the accident. I would appreciate if you can help me on what my options are in receiving some kind of financial help.

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello Leslie,

      What you choose to do here is a personal decision and I cannot advise you, however, if you would like to review the Insurance Bureau of Canada’s fault determination rules for yourself to get an idea of what a claims adjuster would be using as a guideline for determining fault in this case, here is their link: http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf you can also report the collision at a local collision reporting centre if you choose.

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello Nardi,

      I’m sorry, I cannot advise you on what to do regarding financial help… I would speak directly to the police or legal assistance regarding this matter.

    • lucy barcelos

      daughter was involved in a parking lot accident – car hit her and she got of the car checked the car – waved to the other driver telling them it’s okay – car wasn’t damaged and left – under the understanding the the other car hit her and she said it was okay and she was not going to press charges – one week later she received a call from the police station and is asked if me or my daughter was involved in a car accident only to find out it was my daughter – she honestly left because the order driver hit her and thought everything was ok – now police said the other driver accused her of hitting and leaving – is there anything she can do – until now she still doesn’t believe she was at fault.
      This is the first time in an accident and didn’t know she had to report it – plus it was in a private parking lot at a mall.

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello Lucy,

      I’m sorry, I’m not sure what to tell you here… this is a personal decision in regards to how you decide to move forward. I would recommend speaking to your insurance professional (broker/agent) as they will have experience with this sort of situation.

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello MC,

      There is too much speculation in this story for us to comment. I would recommend speaking directly with your claims adjuster or your insurance professional (broker/agent) to discuss the details here. If you feel you wish to dispute or fight anything on your insurance policy, you can always ask to speak to your ombudsman. Or contact them directly here: http://www.giocanada.org/

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      Typically the driver who was making the left turn is responsible for the accident. If they are deemed to be 100% at fault you will not have to pay a collision deductible.
      Thank you

    • alan

      my parked car was hit by the works truck in works car park, who pays for damage to my car, driver of truck will not pay and boss will not pay because he says you park at own risk as states in notices displayed

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      You should report the damage to your insurance company. Since you were parked, it should be considered not at fault since you know who’s vehicle hit you.

      Thank you

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      As long as the policy was in force and coverage was “bound” by your insurance professional. The accident should be covered.

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello
      Since it was in a parking lot you both may be considered 50/50 at fault. This will be an at fault loss on both of your records.

      Thanks

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      It depends on the province that you reside in. Some provinces have “no fault” which means that each driver pays for their own damage.
      Check with your insurance professional.

      Thank you

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      Most of the time the driver who was reversing would be considered to be at fault.

      thank you

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      I don’t know what province you are in. Not all provinces would treat this the same way. If you are in Ontario then you would go to your own insurance company to have the damage repaired.

      Thank you

    • Johanna

      I had an accident last week i supposed to turn left then suddenly car hit me.and when the paramedic came they brought me to the hospital and the police just came to the hospital with the ticket and telling me its my fault.and the witness is only me and the other driver. I decided to fight for the case.and for instance i win the case my insurance still gonna be increase?

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      Yes you will likely still see an increase in your insurance. Typically the driver making the left turn is considered to be ‘at fault’

      Thank you

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello
      If you have collision coverage and a police report your insurance company will pay. You will have to pay the deductible.

      Thank you

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      It likely that you would be considered at fault for the damage to your car and the other vehicle was stopped. Since you do not have collision coverage the insurance company will likely not pay.

      Thank you

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello
      There is probably not much hope of them changing the fault assignment as it is a he said/she said situation.

      Thank you

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      Report the incident to the police. This is considered a “hit and run”

      Thank you

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      Proceed to a collision reporting center (Ontario) or the police in your province. Give them the plate number when you make your report. Give the plate number to the adjuster when you make your claim with the insurance company.

      Thank you

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      It is not likely that the fault determination will change as a result of whether or not the other driver is convicted.

      Thank you

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      Visit a collision reporting center. Provide the police officer with the licence plate of the other driver. They should be able to help you.
      Thank you

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      If your son was not at fault he should not have to pay the deductible.

      thank you

    • scotty

      just bought a car in a private party like less than a week but still isn’t under my name. (check engine light cant smog yet) and i got hit at the parking lot. mines was parked and he admit it was his fault. we decided to do this yourself and not involve in the insurance. can i still get his insurance and have them fix it or it’s too late? what about my part i don’t exactly have insurance on the car.

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      You will likely have to repair the car yourself. You are not the registered owner of the vehicle so you cannot insure it. You risk major penalties if you drive without insurance.
      Thank you

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      If you are in the province of Ontario, you would not have coverage. In order for a hit and run to be covered by your insurance, you are required to have collision coverage.
      Thank you

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      Since your accident was a single vehicle accident, most insurance companies will consider you to be at fault.
      If you want to fight the determination, you can contact the ombudsperson at your insurance company. They can let you know their process.

      Thank you

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      Yes. If you are in Ontario, go to a collision reporting center. In other provinces go to the police station and report the damage.

      Thank you

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      That is up to you. If you have the licence plate of the vehicle that hit you it would be helpful.

      Thank you

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello
      You are best to discuss this situation with your local police. As I understand it, if the police are invited onto the parking lot by the owner they can lay a charge. Again, double check with your local police department.
      Thank you

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      It sounds like you might be at fault whether or not her horn was working. You may have to report this to your insurance company.

      Thank you

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      You will likely be found to be at fault as you rear ended the truck.

      Thank you

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      Since your vehicle was parked it might be the fault of the person who hit you.

      Thank you

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      You are best to check with the municipality to see how much the lightpole will cost.

      Thank you

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      If you have not heard from an adjuster, call the claims department of the insurance company yourself.

      Thank you

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      Yes. It is likely that they will be able to locate the driver using their licence plate.

      Thank you

    • John

      Hello ,

      Two weeks ago they hit my car I live in. Florida, nothing big tapped my bumper in the back , we agreed to not get police involved or insurance , he’ll pay for all the charges just talked to him yestuarday and isn’t agreeing to paying , I don’t have a police report ? Or filled it to my insurance ? Will this get throne out in court ? I don’t wanna ware time I’ll just learn my lesson and call next Time?

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      I am not sure what the timelines are in Florida but you should probably report it to the police department anyway.

      Thank you

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      If you feel unwell, you should go to the emergency room.

      Thank you

    • Pingback: How To Make a Claim on Your Trade Insurance Policy | Think Insurance

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      Given that I don’t know the laws of the city where you accident occurred, I suggest that you contact the ombudsperson for your insurance company. They may be able to help you.

      Thank you

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      It is likely that nothing will happen to your husband since he wasn’t involved in any collision.

      Thank you

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      I don’t know what province you are in but in Ontario for example, the police do not have to be called to the scene unless there is over $1000 damage or bodily injury.
      He will likely not come back if he left the scene.

      Thank you

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      You are best to discuss that with a lawyer in your city.

      Thanks

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      Since you hit his vehicle it is likely that you will be responsible for repairing it.

      Thanks

    • Mary

      Hi, I was recently in my second accident where I was considered at fault. The first at fault accident occurred in 2011. I am concerned that my insurance company is going to drop me when I renew. Are there companies that provide insurance for high risk drivers like myself? What kind of rates can I expect to pay if I am able to find a company to insure me? I’m located in Ontario by the way.

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      It all depends upon your insurance companies underwriting guidelines. Not all insurance companies have the same ones. Speak with your insurance agent or broker for the rules for your company. You can look for rates on our website http://www.insurancehotline.com to see what you could be looking at paying.

      Thank you

    • Justin

      HI,
      My friend allowed me to drive his car because he was intoxicated. I crashed his car into a pole causing 4k in damage, There was no damage to the parking lot. Since he gave me permission to drive his car does he have a case in small claims court to sue me for the damage to his car?

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      It all depends on where you reside. You are best to check the laws in your province or state.

      Thanks

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      It sounds like you are not at fault based on the rules but double check with your insurance adjuster.

      Thank you

    • http://www.insurancehotline.com/ InsuranceHotline.com

      hello

      It’s no uncommon for one insurance adjuster to handle both sides of a claim if both drivers are with the same company.

      Thank you

    • http://batman-news.com san

      hi
      we had an accident on friday evening
      my husband was driving the car and i was sittin behind with my kid
      we had to take a left turn nd donno how there was a car in that lane and we both got hit
      both the cars were damaged in the front and luckily no major injuries
      so i want to know what will be the insurance company do………..
      and whose fault would it be

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      Most of the time the driver who is making the left turn is at fault for the collision.

      You may see in an increase in your insurance premium as a result.

      Thank you

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      I don’t think so. but you should double check with our adjuster.

      Thanks

    • http://www.insurancehotline.com/ InsuranceHotline.com

      If you hit the garage then you are at fault and your insurance company may pay to fix it.

    • http://www.insurancehotline.com/ InsuranceHotline.com

      Hello

      yes, they can still report the accident to their insurance company.

      Thanks

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