Need Car Advice! MVA!
04-May-2008, 06:14 PM
#1
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Thread Starter
Join Date: Oct 2007
Posts: 35
Need Car Advice! MVA!
Hey guys,
Got into a pretty bad MVA today (my Civic SI took all the damage because it went into a 4x4). Not sure if anyone is familiar with Markham, but the accident happened just on Bullock Dr (by Markville mall). Woman was obviously in a rush and my 60km/h in a 60km/h zone wasn’t fast enough for her. She A) tailgated me B) flipped her finger off at me C) was going all medieval in her car in my rear view. I obviously know this person was a little screwed so I slowed down to 50km/h so she'd just pass me and go into the fast lane. Instead she gunned it, went around me, then directly in front of me and put her brakes on with tire marks 7-8 feet long - My braking wasn't enough and went directly underneath her bumper. No damage to her car, my hood is a complete wreck including my fender.
She got out of her car, played the racial slur game "paki this, immigrant that, can't drive, you’re screwed which is why I braked" - etc (irony being my English was more grammatically correct). Anyways, called the cops because there was a station nearby. Everything was recorded, even the operators mouth dropped at the things she said. I ignored it all knowing me shutting my mouth against this inbred would be in my favour (at least I thought). Cop came on scene she was still swearing, racial slurring, the usual. He pretty much told her to shut up. I was confident at this point given her driving and her language.
Cop sided with me, knowing full well she did this on purpose, but said he'd have to put me at fault because I was behind her - and that's the rules they follow. He also wrote in his notes she caused this accident on purpose since he saw her long line of tire marks (middle of an empty street). I have third party liability which means if she claims, she gets covered, and I end up just paying out of my pocket which I have to do anyway.
He also said she was a little loopy and told me to ignore her - since her record shows she has had a history of mental breakdown situations.
My question here is: shouldn't she have gotten a ticket for aggressive driving? Am I really at fault given the circumstances (for which the cop agreed to, but still said he'd have to claim me at fault)? What are my options here if any?
Got into a pretty bad MVA today (my Civic SI took all the damage because it went into a 4x4). Not sure if anyone is familiar with Markham, but the accident happened just on Bullock Dr (by Markville mall). Woman was obviously in a rush and my 60km/h in a 60km/h zone wasn’t fast enough for her. She A) tailgated me B) flipped her finger off at me C) was going all medieval in her car in my rear view. I obviously know this person was a little screwed so I slowed down to 50km/h so she'd just pass me and go into the fast lane. Instead she gunned it, went around me, then directly in front of me and put her brakes on with tire marks 7-8 feet long - My braking wasn't enough and went directly underneath her bumper. No damage to her car, my hood is a complete wreck including my fender.
She got out of her car, played the racial slur game "paki this, immigrant that, can't drive, you’re screwed which is why I braked" - etc (irony being my English was more grammatically correct). Anyways, called the cops because there was a station nearby. Everything was recorded, even the operators mouth dropped at the things she said. I ignored it all knowing me shutting my mouth against this inbred would be in my favour (at least I thought). Cop came on scene she was still swearing, racial slurring, the usual. He pretty much told her to shut up. I was confident at this point given her driving and her language.
Cop sided with me, knowing full well she did this on purpose, but said he'd have to put me at fault because I was behind her - and that's the rules they follow. He also wrote in his notes she caused this accident on purpose since he saw her long line of tire marks (middle of an empty street). I have third party liability which means if she claims, she gets covered, and I end up just paying out of my pocket which I have to do anyway.
He also said she was a little loopy and told me to ignore her - since her record shows she has had a history of mental breakdown situations.
My question here is: shouldn't she have gotten a ticket for aggressive driving? Am I really at fault given the circumstances (for which the cop agreed to, but still said he'd have to claim me at fault)? What are my options here if any?
Last edited by shezan; 04-May-2008 at 06:22 PM.
04-May-2008, 10:03 PM
#6
Senior Member
Join Date: Dec 2003
Posts: 23,881
hmmm...you shouldnt be at fault for this...claim it still with insurance because with the police records of her causing this accident on purpose should ground enough for insurance to side with you and get your car fixed and have it not "be your fault"...if it was possible I would have taken pictures of the skidmarks and how the cars ended up etc. I wouldnt let my insurance company not pay me out for something like this...she purposely caused an accident and this was documented by the officer...she should have been charged with something, I dont know why she wasnt...any witnesses would be great for this...3rd party witnesses saved my *** on a left hand turn collission...so gather your info and claim it
04-May-2008, 10:18 PM
#7
Senior Member
Join Date: Feb 2008
Posts: 494
Cop sided with me, knowing full well she did this on purpose, but said he'd have to put me at fault because I was behind her - and that's the rules they follow. He also wrote in his notes she caused this accident on purpose since he saw her long line of tire marks (middle of an empty street). I have third party liability which means if she claims, she gets covered, and I end up just paying out of my pocket which I have to do anyway.
He also said she was a little loopy and told me to ignore her - since her record shows she has had a history of mental breakdown situations.
My question here is: shouldn't she have gotten a ticket for aggressive driving? Am I really at fault given the circumstances (for which the cop agreed to, but still said he'd have to claim me at fault)? What are my options here if any?
He also said she was a little loopy and told me to ignore her - since her record shows she has had a history of mental breakdown situations.
My question here is: shouldn't she have gotten a ticket for aggressive driving? Am I really at fault given the circumstances (for which the cop agreed to, but still said he'd have to claim me at fault)? What are my options here if any?
8. Driving a motor vehicle without due care and attention, without reasonable consideration for other persons using the highway or in a manner that may endanger any person by,
i. driving a motor vehicle in a manner that indicates an intention to prevent another vehicle from passing,
ii. stopping or slowing down a motor vehicle in a manner that indicates the driver’s sole intention in stopping or slowing down is to interfere with the movement of another vehicle by cutting off its passage on the highway or to cause another vehicle to stop or slow down in circumstances where the other vehicle would not ordinarily do so,
http://www.e-laws.gov.on.ca/html/reg...s_070455_e.htmi. driving a motor vehicle in a manner that indicates an intention to prevent another vehicle from passing,
ii. stopping or slowing down a motor vehicle in a manner that indicates the driver’s sole intention in stopping or slowing down is to interfere with the movement of another vehicle by cutting off its passage on the highway or to cause another vehicle to stop or slow down in circumstances where the other vehicle would not ordinarily do so,
Does the accident report include the cop's comments about believing that she caused the collision? If so, this is one where I would be on the phone with my insurance company demanding that her insurance fix your car.
04-May-2008, 10:25 PM
#8
Senior Member
Join Date: Feb 2008
Posts: 494
The funny thing is, I had something similar happen to me just two weeks ago.
Some impatient fool passed me in a right turn lane and ducked in front of me at the last second before her lane ended. Then she saw the big truck that I was right behind and she stood on the brakes to avoid running into the back of it. I rammed into the back of her car knocking her bumper off and damaging her trunk lid, but she just accelerated away refusing to stop.
No damage at all to the truck I was driving, but her car had some pretty heavy damage to the back end of it. I just reported it to the local police a few minutes later as a hit and run. They laughed - usually the person who hits is the one who hits and runs. In my case the person who was hit took off instead.
Some impatient fool passed me in a right turn lane and ducked in front of me at the last second before her lane ended. Then she saw the big truck that I was right behind and she stood on the brakes to avoid running into the back of it. I rammed into the back of her car knocking her bumper off and damaging her trunk lid, but she just accelerated away refusing to stop.
No damage at all to the truck I was driving, but her car had some pretty heavy damage to the back end of it. I just reported it to the local police a few minutes later as a hit and run. They laughed - usually the person who hits is the one who hits and runs. In my case the person who was hit took off instead.
05-May-2008, 07:47 AM
#9
Senior Member
Join Date: Oct 2007
Location: Hamilton, ON
Posts: 413
damn man .. sorry to hear that!
from what i remember even though she slammed on the brakes, i think they put you at fault because you should keep a safe distance at all times from the vehicle in front of you and you should be able to come to a stop safely in case of emergency. now i understand what happened and it dosnt make sense, but that is what the officer probably did.
so you will probably take this to court and i think if you explain there what happened and have the police officer testify, then i think you will be fine.
Do you know what charges he gave you? cost of ticket? any points off?
from what i remember even though she slammed on the brakes, i think they put you at fault because you should keep a safe distance at all times from the vehicle in front of you and you should be able to come to a stop safely in case of emergency. now i understand what happened and it dosnt make sense, but that is what the officer probably did.
so you will probably take this to court and i think if you explain there what happened and have the police officer testify, then i think you will be fine.
Do you know what charges he gave you? cost of ticket? any points off?
05-May-2008, 08:26 AM
#10
Senior Member
Join Date: Feb 2008
Posts: 494
damn man .. sorry to hear that!
from what i remember even though she slammed on the brakes, i think they put you at fault because you should keep a safe distance at all times from the vehicle in front of you and you should be able to come to a stop safely in case of emergency. now i understand what happened and it dosnt make sense, but that is what the officer probably did.
from what i remember even though she slammed on the brakes, i think they put you at fault because you should keep a safe distance at all times from the vehicle in front of you and you should be able to come to a stop safely in case of emergency. now i understand what happened and it dosnt make sense, but that is what the officer probably did.
The problem is that you need witnesses, otherwise it is your word against the word of the other driver.
If the OP's story is true, the fault there is clearly with the person in front at the time. If the OP was charged with follow too close or careless, he should go to court, plead not guilty and get disclosure beforehand so you know what the cop put in his notes about the collision. Then decide if you want to go for trial and present your story. It may be worth getting a paralegal on this one.
When the same sort of thing happened to me, I was lucky enough that the other person had taken off and that I was the first person to show up at the police station to report the accident and complain about the other person's driving. Her taking off and refusing to stop or exchange information did not help her credibility at all, especially considering the considerable amount of damage done to the back of her car.
Last edited by FiveO; 05-May-2008 at 08:34 AM.
05-May-2008, 11:40 AM
#11
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Join Date: Oct 2007
Posts: 35
Thanks all for your replies.
Thank you Five0 for getting that law regulations to me, they should be very useful for me.
When she cut infront of me, there was time from when she broke and when I could brake. She did this repeatedly to the point where i kept braking from my safe distance until I was drawn closer to her. When she knew I braked close enough, thats when she furiously braked hard in order to get me.
Unfortunately I could not take pics of the tire screeches because they werent that high detail on my phone - but the officer could see them with his eyes. He had made a note of this. I did however take pics with my camera phone of the impact. I am trying to resolve this with the officer and arguing why she had not got a ticket
Thank you Five0 for getting that law regulations to me, they should be very useful for me.
When she cut infront of me, there was time from when she broke and when I could brake. She did this repeatedly to the point where i kept braking from my safe distance until I was drawn closer to her. When she knew I braked close enough, thats when she furiously braked hard in order to get me.
Unfortunately I could not take pics of the tire screeches because they werent that high detail on my phone - but the officer could see them with his eyes. He had made a note of this. I did however take pics with my camera phone of the impact. I am trying to resolve this with the officer and arguing why she had not got a ticket
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