HELP i got hit and dont know what to do
08-Apr-2009, 12:47 AM
#1
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Thread Starter
Join Date: Jul 2008
Posts: 1,616
HELP i got hit and dont know what to do
kk so i was on bathurst and wellington on my way to the DVP when this lady (WHO WAS IN THE CENTER LANE) tried to turn into a side street (btw i was on the left lane)
so seeing this i slowed down but she completely stopped so i thought "okay, she wants me to go" so as i was going she started turning. unfortunately i couldnt stop so i tried dodging it but she hit
this is what happened
fender is completely pushed in and and moldings from the fender and passenger have been ripped off (couldnt find them)
graze from the fender ( STARTING FROM MY SiR RIMS :'( ) to the rear quarter panel
passenger door cant open properly
okay so after the accident we got eachothers info and my dad called the guy and he basically admitted he was guilty for it (i say guy because the car was reigistered to a guy but the girl was driving it)
now..
whos fault is this accident? will my insurance premiums rise if it wasnt my fault?
theres also a couple of things that werent declared to my insurance:
short ram
lip kit
SiR rims
tokico blue shocks
neuspeed lowering springs
pioneer deck
clarion amp
jbl subs
will this have any impact on the final outcome of this
i already know what shop im going to to get this done but they are pricey so will insurance cover it (im assuming the costs would be around 3000 cuz i want a factory finish and perfect colour match)
when registering my car the dealer put the price of the car to be 1500 to help me out on taxes so would i be a write off?
so seeing this i slowed down but she completely stopped so i thought "okay, she wants me to go" so as i was going she started turning. unfortunately i couldnt stop so i tried dodging it but she hit
this is what happened
fender is completely pushed in and and moldings from the fender and passenger have been ripped off (couldnt find them)
graze from the fender ( STARTING FROM MY SiR RIMS :'( ) to the rear quarter panel
passenger door cant open properly
okay so after the accident we got eachothers info and my dad called the guy and he basically admitted he was guilty for it (i say guy because the car was reigistered to a guy but the girl was driving it)
now..
whos fault is this accident? will my insurance premiums rise if it wasnt my fault?
theres also a couple of things that werent declared to my insurance:
short ram
lip kit
SiR rims
tokico blue shocks
neuspeed lowering springs
pioneer deck
clarion amp
jbl subs
will this have any impact on the final outcome of this
i already know what shop im going to to get this done but they are pricey so will insurance cover it (im assuming the costs would be around 3000 cuz i want a factory finish and perfect colour match)
when registering my car the dealer put the price of the car to be 1500 to help me out on taxes so would i be a write off?
08-Apr-2009, 01:23 AM
#2
Senior Member
Join Date: Feb 2008
Posts: 494
Ontario law on fault determination can be found here - http://www.ibc.ca/en/car_insurance/d...tion-rules.pdf
Your description is a bit vague on whether or not you were both travelling in the same direction, but assuming you were, and assuming you were each in your own marked lanes, the closest thing in it resembling what you have described is in s.10(4) of the fault determination rules.
If so, she should be deemed 100% at fault for the crash and your rates should not be affected.
However, it all depends on what each of you ultimately tell your insurance company. Were there witnesses? Were police called to the scene and a report taken? Do you have anything in writing from the other driver accepting responsibility?
If not, she could easily turn around and claim that you swerved into her. If both drivers blame each other for instigating the crash and there is no other evidence that exists to definitively point the finger at one or another driver, the insurance companies may end up deeming you both to be at fault 50-50.
As for repairs, you can take it where you want but an insurance adjuster will probably look at your car and do his own estimate of what a reasonable repair would cost.
If that estimate is close to or more than the book value of a similar car (in stock trim) in similar condition and mileage, they will write it off.
If your chosen body shop's final bill is way out of line with the adjuster's estimate, the insurance company could choose to refuse payment on the excess.
The mods are another story. It depends on what your insurance company's policy is on mods, especially anything deemed to affect the car's power or handling. A lowered car has been cause for policy cancellation among others here, as have even mild engine mods.
Your description is a bit vague on whether or not you were both travelling in the same direction, but assuming you were, and assuming you were each in your own marked lanes, the closest thing in it resembling what you have described is in s.10(4) of the fault determination rules.
If so, she should be deemed 100% at fault for the crash and your rates should not be affected.
However, it all depends on what each of you ultimately tell your insurance company. Were there witnesses? Were police called to the scene and a report taken? Do you have anything in writing from the other driver accepting responsibility?
If not, she could easily turn around and claim that you swerved into her. If both drivers blame each other for instigating the crash and there is no other evidence that exists to definitively point the finger at one or another driver, the insurance companies may end up deeming you both to be at fault 50-50.
As for repairs, you can take it where you want but an insurance adjuster will probably look at your car and do his own estimate of what a reasonable repair would cost.
If that estimate is close to or more than the book value of a similar car (in stock trim) in similar condition and mileage, they will write it off.
If your chosen body shop's final bill is way out of line with the adjuster's estimate, the insurance company could choose to refuse payment on the excess.
The mods are another story. It depends on what your insurance company's policy is on mods, especially anything deemed to affect the car's power or handling. A lowered car has been cause for policy cancellation among others here, as have even mild engine mods.
08-Apr-2009, 01:29 AM
#3
Senior Member
Join Date: Dec 2003
Posts: 23,881
well you need to go to the collision reporting centre and file a report. this is used to find who is at fault so be extremely thorough with your explanation and diagrams.
if it is deemed not your fault your premiums will not be affected and you may have your car repaired at the facility of your choice if the adjuster deems the repairs within reason of the replacement/value of your car.
so if they deem the value of your car at 1500bucks and they see a repair estimate of 3000bucks you can very well say goodbye to your car and hello to a cheque of 1500bucks and/or they may direct you to another shop for another estimate especially if the adjuster feels the damages dont justify that kind of repair bill.
your "mods" list shouldnt affect the possible claim, I never had issues with small stuff like that
if it is deemed not your fault your premiums will not be affected and you may have your car repaired at the facility of your choice if the adjuster deems the repairs within reason of the replacement/value of your car.
so if they deem the value of your car at 1500bucks and they see a repair estimate of 3000bucks you can very well say goodbye to your car and hello to a cheque of 1500bucks and/or they may direct you to another shop for another estimate especially if the adjuster feels the damages dont justify that kind of repair bill.
your "mods" list shouldnt affect the possible claim, I never had issues with small stuff like that
08-Apr-2009, 09:03 AM
#5
Senior Member
Thread Starter
Join Date: Jul 2008
Posts: 1,616
Ontario law on fault determination can be found here - http://www.ibc.ca/en/car_insurance/d...tion-rules.pdf
Your description is a bit vague on whether or not you were both travelling in the same direction, but assuming you were, and assuming you were each in your own marked lanes, the closest thing in it resembling what you have described is in s.10(4) of the fault determination rules.
If so, she should be deemed 100% at fault for the crash and your rates should not be affected.
However, it all depends on what each of you ultimately tell your insurance company. Were there witnesses? Were police called to the scene and a report taken? Do you have anything in writing from the other driver accepting responsibility?
If not, she could easily turn around and claim that you swerved into her. If both drivers blame each other for instigating the crash and there is no other evidence that exists to definitively point the finger at one or another driver, the insurance companies may end up deeming you both to be at fault 50-50.
As for repairs, you can take it where you want but an insurance adjuster will probably look at your car and do his own estimate of what a reasonable repair would cost.
If that estimate is close to or more than the book value of a similar car (in stock trim) in similar condition and mileage, they will write it off.
If your chosen body shop's final bill is way out of line with the adjuster's estimate, the insurance company could choose to refuse payment on the excess.
The mods are another story. It depends on what your insurance company's policy is on mods, especially anything deemed to affect the car's power or handling. A lowered car has been cause for policy cancellation among others here, as have even mild engine mods.
Your description is a bit vague on whether or not you were both travelling in the same direction, but assuming you were, and assuming you were each in your own marked lanes, the closest thing in it resembling what you have described is in s.10(4) of the fault determination rules.
If so, she should be deemed 100% at fault for the crash and your rates should not be affected.
However, it all depends on what each of you ultimately tell your insurance company. Were there witnesses? Were police called to the scene and a report taken? Do you have anything in writing from the other driver accepting responsibility?
If not, she could easily turn around and claim that you swerved into her. If both drivers blame each other for instigating the crash and there is no other evidence that exists to definitively point the finger at one or another driver, the insurance companies may end up deeming you both to be at fault 50-50.
As for repairs, you can take it where you want but an insurance adjuster will probably look at your car and do his own estimate of what a reasonable repair would cost.
If that estimate is close to or more than the book value of a similar car (in stock trim) in similar condition and mileage, they will write it off.
If your chosen body shop's final bill is way out of line with the adjuster's estimate, the insurance company could choose to refuse payment on the excess.
The mods are another story. It depends on what your insurance company's policy is on mods, especially anything deemed to affect the car's power or handling. A lowered car has been cause for policy cancellation among others here, as have even mild engine mods.
we were heading in the same direction and it was bathurst and wellington
there were witnesses but none of them stopped to see what was going on but me being new to this didnt realize i needed witnesses (seeing as how it was her fault)
i called the police and the lady on the phone said it was fine and all we needed to do was exchange info
a police car even drove by and didnt stop so ya
i also just have her info she didnt write anything accepting responsibility but the owner of the car accepted fault so i dont know if he'll end up denying the accident
btw i also have one way insurance so if it is my fault 50-50 who pays for the repairs?
btw the incident was like half of part 4 and half of part 6 but i wasnt trying to over take her i slowed down but she wouldnt go so i moved forward and bam
Last edited by bengali548; 08-Apr-2009 at 09:11 AM.
08-Apr-2009, 10:28 AM
#7
Senior Member
Join Date: Feb 2008
Posts: 494
"In Ontario, your mandatory coverage includes Direct Compensation-Property Damage (DC-PD). Under a DC-PD claim, you can, to the extent you're not at fault, recover for damage to the vehicle, the cost of a temporary rental vehicle (Transportation Replacement coverage), and for damaged personal contents carried in the vehicle, less the deductible you arranged with your insurance company.
For example, if you were 75 per cent at fault for the accident — and therefore 25 per cent not at fault — your company will pay 25 per cent of your loss, less any deductible." http://www.fsco.gov.on.ca/english/in...p#whattoexpect
Part 10(6) pertains to a vehicle overtaking in a lane ordinarily intended for oncoming traffic. As long as the two of you were travelling in the same direction in adjacent lanes designated for the same direction of traffic, 10(6) does not apply here.
08-Apr-2009, 10:54 AM
#8
Senior Member
Join Date: Oct 2007
Location: K-Town
Posts: 891
You should have never have made your cars value at $1500 if it was'nt???
Just because of this very reason........From what I've experienced over the years, if the damage is worth more then your car the insurance company will give you the check. Good luck.
Just because of this very reason........From what I've experienced over the years, if the damage is worth more then your car the insurance company will give you the check. Good luck.
08-Apr-2009, 11:15 AM
#10
Senior Member
Join Date: Oct 2007
Location: K-Town
Posts: 891
Just to let you no.....back in the day I got my old EG ran over by some jack *** in a truck. Anyways I let my insurance company no about all the mods done to my car a'long the way. So they valued my car at $4000 but when it got written off because of the "mods" I got back $6000.
And I endend up buying my totalled car back for next to nothing and recovered all my parts on it. Rims,engine,suspension,and the whole interior was still intact. They wrote of my car because my frame got bent.
08-Apr-2009, 11:20 AM
#11
Senior Member
Join Date: Feb 2008
Posts: 494
You would pay 25% of the repair cost out of your own pocket. Your own insurer would pay for the rest.
The way you describe things though, and assuming she does not dispute your description wioth her own version, you should be deemed to be 0% at fault.
08-Apr-2009, 11:27 AM
#12
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Join Date: Jun 2008
Location: Ontario
Posts: 643
It really doesn't matter what anyone says, it's your insurance company that has written the policy, you can't go to them and say, well all the TCC members say you goive me $4000 and it's not my fault. Call your insurance, and talk with them, unless anyone here is an ubderwriter, the comments made here are really specualtion on the part of how your insurance company will handle your claim. Five-o's words of wisdom are awesome, and are definately words to take to heart. (Cynical too, just a little slower than Five-o on teh responses..
)
08-Apr-2009, 11:47 AM
#13
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Join Date: Feb 2009
Location: Mississauga
Posts: 410
I'm insured with Aviva and when it came time for them to pay me, they took like 5 different car ads for the same car I had (1999 Honda Civic SE Sedan). They determined the value of my car based on the value of the cars in the ads plus all the extra features I had in my car (A/C, CD player, etc). Ended up giving me $3300. I was super happy considering the fact that I crashed that car before and fixed it and the adjuster didn't notice that LOL
Oh yes...I also have one way insurance and the dude was deemed 100% at fault. My rates didn't go up (in fact they went down for some reason o_O) and I didn't have to pay the deductible. Thing was it was undoubtedly his fault cuz he turn right while I had the green and he spun out in the intersection...I jumped out of my car ready to fight him but saw he was an old man lol
Oh yes...I also have one way insurance and the dude was deemed 100% at fault. My rates didn't go up (in fact they went down for some reason o_O) and I didn't have to pay the deductible. Thing was it was undoubtedly his fault cuz he turn right while I had the green and he spun out in the intersection...I jumped out of my car ready to fight him but saw he was an old man lol
08-Apr-2009, 01:18 PM
#14
Senior Member
Join Date: Oct 2007
Location: K-Town
Posts: 891
It really doesn't matter what anyone says, it's your insurance company that has written the policy, you can't go to them and say, well all the TCC members say you goive me $4000 and it's not my fault. Call your insurance, and talk with them, unless anyone here is an ubderwriter, the comments made here are really specualtion on the part of how your insurance company will handle your claim. Five-o's words of wisdom are awesome, and are definately words to take to heart. (Cynical too, just a little slower than Five-o on teh responses.. )
)
08-Apr-2009, 01:45 PM
#16
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Join Date: Dec 2007
Location: Parry Sound
Posts: 1,986
I hope that everyone keeps their story straight. If so, make sure to thank them for their honestly and buy them a gift or take them to dinner or something, since there should have been a cop there to make a report.
08-Apr-2009, 02:03 PM
#17
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Thread Starter
Join Date: Jul 2008
Posts: 1,616
i just got back from the collision center and collision report center
the collision center said 2300 for repairs while the collision report center said 1800
so i guess now i have a police report and my estimate im calling the insurance company now to figure **** out
im handing the car over to caraid customs to fix it up but they said the sooner the better becuase if you wait too long the insurance company might hold it off for awhile
the collision center said 2300 for repairs while the collision report center said 1800
so i guess now i have a police report and my estimate im calling the insurance company now to figure **** out
im handing the car over to caraid customs to fix it up but they said the sooner the better becuase if you wait too long the insurance company might hold it off for awhile
08-Apr-2009, 11:44 PM
#18
which insurance company are you with?
to be honest I think you have nothing to worry about when it comes to your mods.... stereo stuff is covered... the only time when it comes to stereo stuff that you should make your insurance company aware, is if its competition level. It all has to do with the replacement cost. I only know state farm rules so with state farm, and I could be off a bit, if to replace your stereo brand new should something happen to it, it will be covered if its less then $1300, whether or not you let your insurance company know. Anything over, you would definitely want to let your insurance company know, you'll get extra coverage, sign an endorsement, yes it would cost more obviously, but its not alot of money. As for your lip and rims, thats just esthetics, which again its covered. You can do anything you want to a car when it comes to changing the "look" of the vehicle. Your short ram and lowering stuff... I dunno it all depends on your insurance company. But really, I think you have nothing to worry about.. if you were with state farm you would be ok
lol
to be honest I think you have nothing to worry about when it comes to your mods.... stereo stuff is covered... the only time when it comes to stereo stuff that you should make your insurance company aware, is if its competition level. It all has to do with the replacement cost. I only know state farm rules so with state farm, and I could be off a bit, if to replace your stereo brand new should something happen to it, it will be covered if its less then $1300, whether or not you let your insurance company know. Anything over, you would definitely want to let your insurance company know, you'll get extra coverage, sign an endorsement, yes it would cost more obviously, but its not alot of money. As for your lip and rims, thats just esthetics, which again its covered. You can do anything you want to a car when it comes to changing the "look" of the vehicle. Your short ram and lowering stuff... I dunno it all depends on your insurance company. But really, I think you have nothing to worry about.. if you were with state farm you would be ok
lol
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