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ADVICE/INFO NEEDED: My Girlfriend got in accident, Who pays?

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Old 11-Jul-2004, 09:31 PM
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Exclamation ADVICE/INFO NEEDED: My Girlfriend got in accident, Who pays?

My girlfriend was driving south on Kennedy today in the right lane, an SUV in the middle lane cut in front of her to make a right turn into the WalMart at Kennedy and Sheppard, and hit her. Collision hit her car in the front right and his right rear quarter panel. He was from Israel with a West Virginia Budget Rental Car!!! ****. Police didn't come to the scene. We called 911 and they said goto a Collision Reporting Center to report it, we did.

Anyways, will her insurance go up because of this? She's with ING. I guess she just does a claim to get her car fixed for now?
Her parents will deal with this but I just want the advice/info from TCC since a lot of the people in this club have a great deal of experience with this stuff.

It's so FuKCed up that because of something that's 100% not her fault, her driving record will be haunted with a accident for the next 6 years.

Thanks guys.
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Old 11-Jul-2004, 10:46 PM
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Definitely the guy who hit her, shouldn't it??

However, if she makes a claim on her insurance despite it not being her fault, I've heard that it will cause her insurance to rise as a result.
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Old 11-Jul-2004, 11:23 PM
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Originally posted by SpikeyLee
However, if she makes a claim on her insurance despite it not being her fault, I've heard that it will cause her insurance to rise as a result.
I've heard and been through the samething. Your girl hit his back end, making it her fault.. That's how the Insurance company will see it.
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Old 11-Jul-2004, 11:41 PM
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No no, 100% not her fault...he didn't hit her back...she hit his SIDE, because he turned in front of her. I said she hit his rear quarter panel but its more like the rear passenger door. it couldnt open.

That FUKCING BLOWS THAT HER...OR ANYONES insurance would go up because of an accident that isnt not their fault one bit...

ugh...insurance blows
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Old 12-Jul-2004, 12:07 AM
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if he was making a left hand turn he is at fault not your gf...her insurance shouldnt go up (I mad 2 claims in 5 months both not my fault which were both write offs and my insurance went down at renewal)...left turn accidents are always the person making the left fault unless the person didnt try to avoid the accident, was speeding (eyewitness testimonial), intoxicated to any degree etc. So, 99% of the time the person making the left bites the bullet.

Hope all things work out for your gf...she should be found not at fault and the car should get fixed and her record should stay clean
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Old 12-Jul-2004, 12:24 AM
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He wasn't making a left. He made a right :P...he was in the middle lane and decided to turn right into wall mart out of nowhere. check da pic below. my GF was driving straight normally...and he just cut across across my GF's lane to get into walmart. my GF braked and swirved a bit to miss him but couldnt brake in time...too much momentum, she was doing speed limit too.

This fukcin guy is so fukcin lucky...he's from israel with a license there...i bet this wont even affect him. and its his fault...**** me off.

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Old 12-Jul-2004, 12:30 AM
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oh okay...still his fault no doubt...same **** I said still applies
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Old 12-Jul-2004, 12:39 AM
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cool cool, when you say 'her record should stay clean' how can that be? if she was involved in a accident and it was reported...wouldnt it be on her record for 6 years?
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Old 12-Jul-2004, 01:20 AM
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yeap, whether at fault or not, it'll be in her records for 6 years. i have 2 not at fault in my record
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Old 12-Jul-2004, 01:26 AM
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Why the heck would a not-at-fault record affect insurance??? its not like your any higher-risk of a driver??? I called my GF's insurance, ING, and they said a that this notatfault accident wont affect her premium if she doesnt file a claim to get her car repaired.
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Old 12-Jul-2004, 03:00 AM
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Put it this way the reason NO FAULT INSURANCE came into effect because of the thousands of people making faulty claims to make money off the insurance.

put it this way if u were driving behind me and i was to slam my brakes u would rear end me and i get paid and it would be your fault. now the scam was that people would do that and get free money and insurance had no way of tracking it down to see how many times they did it easily.

with no fault wat happens is instead of the third party insurance paying you out for this SO CALLED accident that u were so called not responsible for they make it so that ur OWN company pays u out even if its not your fault that way they can keep a track record to see how many accidents you had and how many times it wasnt ur fault this way they can see if your tryin to fraud them by delibrately getting into accidents and making money.

either way put its to late to discuss nwo anyways as soon as you go to the reporting centre its to late because the documention gets sent to the insurance company right away anyways.
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Old 12-Jul-2004, 03:23 AM
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This thread got over complex for no reason.

It is the other guys fault.

Unsafe lane change.

It was his responsibility to make sure the laneway was clear when he changed lanes.

If someone makes a lane change and an accident occurs, the person at fault is the person who made the lane change. Regardless if the impact was infront, behind, on the side.
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Old 12-Jul-2004, 03:39 AM
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The person at fault isn't at question. It's how the accident affects my GF's insurance. Basically I'm in search of every option possible that can be taken to ensure her premiums don't go up.
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Old 12-Jul-2004, 07:26 AM
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it wont go up unless she was found at fault (which she shouldnt be) or this is her 3rd or 4th accident claim in the past year or 2. Like I said about myself...I got hit 2 times in a 5 month period and it hasnt affected my insurance in a negative way, my insurance actually went down $80/month.

Not at fault accidents may go on the record or what have you but it wont negatively affect it like I said unless she has a crap load of claims in a short amount of time (hopefully she doesnt)

best of luck!
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Old 12-Jul-2004, 01:58 PM
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My GF just talked to her insurance, her rates aren't going up but she has to pay a $1000 deductable to get her car fixed! I estimate the damage to her car at $3000 if repaired by Toyota.

This is REALLY FUKCED! She didn't do ANYTHING and she's getting screwed...just being in the wrong place at the wrong time.

Do you think she could sue the at-fault party to pay her deductable?
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Old 12-Jul-2004, 06:36 PM
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deductables are deductables...u know ur gonna have to pay it when u agree to your insurance terms...if she had a lower deductable then she woulda paid more monthly...just the way things work
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Old 13-Jul-2004, 01:33 PM
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if she's paying the deductible it means she is found to be at fault (or partially at fault)

if you're 100% not at fault you don't pay it.
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Old 13-Jul-2004, 01:49 PM
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She's talking with her insurance and they're saying she has to pay the deductable for now, and after it's determined, through paperwork, that's she not at fault, then she'll get the money back...I don't know about that though...we'll see.
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Old 13-Jul-2004, 03:30 PM
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Wow, you guys screwed this up ... No Fault insurance only applies when both parties are insured in Ontario... Since this is not the case, then Tort Law applies ... which means, her insurance company will pay for the damages under her collision portion of her claim (hence the reason she pays her ded), and then subrogate the insurance provider of the rental company in West Virginia ... The third party will likely either have to pay for his own damage, or the insurer of the rental car will (if he bought collision damage on the rental
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Old 13-Jul-2004, 03:31 PM
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Originally posted by sanjay
if she's paying the deductible it means she is found to be at fault (or partially at fault)

if you're 100% not at fault you don't pay it.
Not if you have a collision with someone outside Ontario ... DCPD does not apply with Americans .. (except Michigan)
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