Accident advice

[Bobzilla]

Need some advice regarding a fender bender I was in on the weekend. Both myself and the other party are saying the other is at fault. I don't believe any ticket was issued by the police officer at the scene; at least I didn't get one, I'm not totally sure whether she did. Question: could charges by the police still be pending? Could charges be pending based on the investigation by the respective insurance companies?

It's been so long since I've been involved with something like this, I don't know what the procedure is anymore...can anyone help me out with some advice?

Thanks,
Bob

 

[ceo8888ca]

Hope this helps..

The Insurance companies have their own rules and confurgations for determining who is at fault to enable them to assess premium increases.

If the police did not tell you at the scene, then probably you won't get a ticket later. But, please read above. The Insurance companies cannot direct the police to lay charges. You should have the police report and talked to your Insurance Broker by now.

In general, if you are the guy at the rear, or if you were changing lanes, the insurance charts will pin you as the guy at fault.

Good Luck.

 

[ham2004]

The Police have up to 30 days to investigate an accident, unless criminal activities are suspected.. then there is no time limit. As far as the insurance company goes. You and the other guy are F**ked, if either of you make a claim. The rule is now that you are going to pay for the accident, either at the time or through the increased insurance rates.

 

[papasmerf]

Remember it is always the mans fault!!!!!!!!!!!!!

Oh you ment a car accident............Never mind.

 

[Geographic]

At fault

Even if it is assessed at 50/50 at fault, the insurance companies don't care. It is considered an "at fault" accident and your insurance premiums will be affected for the next 6 years. Even if you do not make a claim.

If the damage is over $500.00 you have to report the accident to the police. (not 100% sure about the $500.00 cut off even though now days a broken tail light can cost $500.00 it seems)

 

[Stoo]

Shut up and pay up!

If the damage is minor, you might be better to strike a deal with the other driver to each pay for their own or the other's damage, or split the difference somehow. Increases in premiums are so huge these days and take years to come down again, that even if the damage is $1500. or more you might still be ahead of the game, especially when you factor in deductables.

I learned the hard way that there is no such thing as an "off the record" discussion with your agent either. They are contractually bound to tell the Insurance Company of your accident, so even if you decide not to make a claim, you can, and probably will, suffer a premium increase regardless.

If there is no clear-cut at-fault driver, and the damage is fairly minor... my advice is just pay to fix it yourself... and don't even mention it to your agent unless he is a childhood friend, you're married to his sister and you hobby together.

 

[Stoo]

While we're on the subject...

A friend of mine was in an accident last winter. In a near white-out, he came on to a pile-up, hit the brakes and lost control on the ice. He slid into the guard rail, then into another car, that was already smashed up. Damage to his truck was about $7000.

Even though the other car was already totalled (or close to it), and stopped in the middle of the 401 in a white-out, he was named at-fault. To add insult to injury, they pegged him for double the deductable... $1000 for hitting the guard rail (accident #1) and another $1000 for hitting the car (accident #2).

I'm sorry if this thread gets hi-jacked with anti-insurance co. rants Bobzilla...!

 

[ojsimpson]

You are at fault?

Can you describe the circumstances of this fender bender?

You rear-ended her? Automatically your fault.

You tried a left turn? Usually your fault.

Courtesy intersection? Which "driver" side got hit?

Uncontrolled intersection along a major street?

Did you "admit" fault right afterwards?

 

[WhOiSyOdAdDy?]

If it was on private property and both vehicles were moving... both parties are 50% at fault

 

[Not So Much]

Just A Little Piece Of Actual Fact About Insurance....

Seems like there are some resident Insurance experts here with all kinds of information about the adverse affects of a claim on your Premiums. There are a couple of things to keep in mind, that may be of interest to all, since they are actually based on facts.

First, the affect of a claim on your Premiums in subsequent Renewals is as a direct result of your Driving Record at the time of the accident. If per chance you were rated as something called a Driving Record 9 aka a "9 Star" (licensed for at least 9 years and no "At Fault" Claims in that time) then most companies will provide you with a form of accident forgiveness (usually 1 At Fault Loss). Some companies will allow this if you are the next level of Driving Record down from a 9* (called a Six Star). Some companies will regress you from a 6* to a 5* as a result of 1 At Fault accident. Not quite the horrors in terms of premium change that some are suggesting here.

For any of you that meet the Driving Record Qualifications (for a Driving Record 9), you should check with your Insurance Company or Broker about whether you purchased, or can purchase, this Driving Record protection. With most companies this is a $50/Year charge. Well worth it when you consider what it does for you.

If your Driving Record at the time of the accident was less than a 6*, then you may be in a little difficulty and some of the adverse affects of your misfortune probably need to be considered (pay your own vs. report it and see the impact for the years to come until you reach the qualifications for a 6* again) before you choose a course of action.

Never been much of a fan of Insurance Companies over my time, but just thought you may want to consider the facts before making your decision. You, and everyone else should also know, that paying a claim yourself is nice, but when you apply at any new company you are risking your next claim (which might be way worse) from being denied if you happen to answer the question on the Application that asks about previous accidents by saying "No" just because you did not make a claim. No problem if you continue to Renew with your existing Insurer, as the question does not normally get asked at Renewal, but with any new company you are required to sign an Application Form (usually) and if you they find out your BS'd the information on the App'n some companies will try to screw you, particularly if you are talking about a large claim that second time.

 

[Bobzilla]

Wow, thanks for all the replies guys....

To answer a few of the questions posed:
I was going straight through an intersection, she was waiting to turn left. A van was in front of her, & he turned in front of me. She went, then saw me & stopped. I couldn't stop in time. Our driver side front bumpers touched (I skidded into her). I know the light was green, she's claiming it was red (but she was in the middle of the intersection & that's where contact occurred). My car is over 10 yrs old & I believe has less than 1k damage. Even if it is more, I think I'll choose not to file a claim & fix the bare minimum that I can get away with. After all, in another year, I'll probably have another car.

I can't just split the repairs with her as someone suggested. She had no current proof of insurance, just an expired slip. The police weren't even going to attend the scene, but I thought it best that they do because of her lack of insurance. She was irrational, and apparently talking about how she's going to cash in on this. There were other factors that I don't really want to get in to, but I have people who witnessed some of her comments. The only damage I saw to her car appeared to be where my car's bra left a black mark on her bumper. And in regard to my driver rating, it would be a 9 star, Not So Much. Not sure about hers, but her car had other dings on it in different places.

Anyway, thanks again for all the help!!
Bob

 

[ham2004]

When did insurance companies start issuing 9 stars.. if that were a fact then I would be a 25 star rating.. most I have ever heard of is the old 6 star for six years accident free.

 

[Not So Much]

No BS Here.....

When did insurance companies start issuing 9 stars.. if that were a fact then I would be a 25 star rating.. most I have ever heard of is the old 6 star for six years accident free.

To begin to understand how Insurance Companies come up with their Rating Info is a long and boring subject. For many years the maximum Driving Record they offered was a 5*. In order to address competitive issues and draw more business, some companies began offering 6*. Soon that became the norm, and in large part, is the standard today. However, in recent years, there have been some companies that have obtained enough historical claims information that their Actuarial Teams will now support offering a 9*. Logic does not prevail here, as you would have simply thought they would have continued their trend (7*, 8* and then 9*).

You may want to ask your Broker, but keep in mind, despite the claim of "Independent Broker", the fact is, Brokers have contracts with specific Insurers to produce business and, as such, they cannot sell you a product from any Insurer in the Market, only those with whom they hold a Contract (they should call them "semi-independent"). While I do not/have not worked for an Insurance Company, I have dealt with them in the past through other channels. I can assure you the coverage I referred to (that protects your Driving Record 6 or 9 status) and the availability to get a preferred rate as a Driving Record 9 Driver do exist.

Bobzilla I would not profess to council you on what to do in this matter anymore than in the normal subject matter of this board. Having said that, a couple of things to keep in mind:

1) Without witnesses about the colour of the light or whether she cut you off during her turn, it would become a case of "he said, she said" (I appreciate there were witnesses after the fact when she was making her comments, but unless someone saw a green light they are not important.)

2) It is unlikely that she can "cash in" on anything. If she did not make any reference to specific injuries at the time, it is unlikely that an Insurance Company will bite on the "day after" story given the severity, or lack thereof, in terms of physical damage to the vehicles.

3) There were changes in the legislation for Insurance in the Province and it is now a "No-Fault" arrangement. This means your company pays for your damages and hers pays for hers.

Bobzilla you can PM me if I can answer any other questions.

 

[keeferz]

Even if you don't put through a claim on your insurance, it sounds like she is going to report it to hers, and your insurance company will find out through her company.

I guess you could still say there was no damage to your car.