mikeshin92

Hey guys...

so I was going down the road today and a friend was pulling out of a parking lot...

T-boned me pretty bad... I went to two shops that quoted me $3300 $5000 each...

She doesn't want to deal with insurance, but my side (my mom owns the car) wants to

go through insurance to reduce the hassle... How bad does this look?

It was on a private property but basically he ran into me when I had the right of the

way... It being on a private property, does that make any difference?

Thanks for any input.

multiphrenic

Go through insurance. There's ZERO benefit to you to not go through insurance. I hope you have all her information.

I had a girl hit me (fortunately my old accent) when I was on a trip near Madawaska. Took her name, phone number, and plate and she wanted me not to go through insurance, so I tried settling with her a couple days later. She stopped picking up her phone, and the police in Toronto told me I had to report it to Madawaska Poloice since the accident happened there. Huge nightmare and not worth it at all. Had I gone through insurance, they would've taken care of everything, and I'd have nothing against me on my record.

mksu19

I'm with Multiphrenic on this one, the hell with what the other driver wants! You should call your insurance company ASAP and report the accident. It doesn't matter where the accident occurred, private property or not, you should make a police report first before calling your insurance and the more you delay it the worse it'll be for you. Best of luck to you and I hope you get through this dilemma in the shortest and least painful way possible!

EDIT: Looking at the second photo, it appears that the wheel looks as if they are bent inwards. Something to have the shop check out as well!

mikeshin92

thanks for the input guys!!

Basically what happened is that she's my friend... so I was at a bit of a sticky situation...

but I talked to them this morning, and they wanted me to agree on paying the repair 50:50.

I thought "well you're gonna try to screw around, I might as well as just call the police and

insurance and get it over with." so I headed down to the station, got my report done, told them

to get there asap too. I just called my insurance company and told them what happened, but

it seems like the law states that I'm not at fault. (But the other driver is obvs gonna come up with

a different story) It is gonna be a bit of PITA to deal with but I feel pretty confident that I will win.

I will keep the thread updated!!!

EDIT: and yes Mona, I have allignment problems after the impact, I will get that checked too for sure!

mksu19

Hopefully, everyone can move forward after this incident. Whatever the outcome maybe! It doesn't matter what story she can come up with, based on the damages to your car, you were partly cleared of her when she struck your vehicle. I'm no accident technician but it's pretty obvious from the damage(s)! I still advice you to get a lawyer though and DO NOT SIGN ANYTHING FROM THE INSURANCE COMPANY prior to having legal advice!!! Anyways, good luck and maybe you might even get a good settlement out of it!

mikeshin92

I will keep the signing legal documents part in mind!

Thanks for the input Mona!

mksu19

You're welcome!

mikeh

Being on private property does make a difference. The Highway Traffic Act does not take effect on private property. For instance a stop sign on a shopping mall lot means nothing in terms of the HTA. You can't get a ticket for blowing a stop sign on private property. So now that you have ruled out the HTA issues lets consider insurance issues. With no fault insurance here in Ontario for sure go through the insurance and get your car fixed properly. What the insurance company will determine is whether or not you should pay the deductable. If it is clear and unquestionable that the other person was as fault than NO you do not pay the deductable.

Hope that helps?

mikeshin92

Mike, thanks for your info. I did dig thru some stuff on the web and found that the fault determination rule of Ontario states the following:

If automobile “A” is leaving a feeder lane and fails to yield the right of way to automobile “B” on a
thoroughfare, the driver of automobile “A” is 100 per cent at fault and the driver of automobile
“B” is not at fault for the incident.

This was (what I believe) my case and I believe that insurance companies follow this guideline.

But I have one question, so because it was on private property, does it matter what the speed I was travelling at? Basically the other driver is saying that I was speeding (Which I believe is not true). But, if the insurance company did investigate my speed, it wouldn't affect the case?

mikeh

As an ex-police officer here is my advise.

If the other driver states that you were speeding the onus is on them to prove that you were speeding. There are no speed limits on private property, but if speed is a factor the ins. company will consider that. Basically ins. companies have a different set of rules than the police who use the provincial and federal statutes. How would the ins. company investigate the speed? Were there any witnesses, are there skid marks and how long are they? etc.

Unless the other party can prove some negligence on your behalf you should be ok.

Let us know what the ins. company says. Remember they are your ins. company that you pay into.