Advise on Car Accident

wheats

Member
Nov 13, 2002
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Recently got into a car accident in Scarborough where I made a left turn on a yellow light and the car didn't stop on the yellow and we hit, there was a minor scratch to my front bumper but his car bounced off mine and he went up the sidewalk and his airbags deployed...After everything he hired lawyers and now there sueing.

There was witnesses that i went on the green light and i was found at fault. The dude was okay he stepped out of his car with a bruise on his arm and was checked out by the ambulance and fireman at the scene..How much can they sue me for? Are we looking at some six figures or is there a threshold on how much they will be awarded.....

Thanks
 

sent

Member
May 12, 2002
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Yeah your insurance company will be paying it...regardless if it's green or yellow, you will be at fault since he's going straight.
 

Meister

Well-known member
Apr 17, 2003
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Did the police issue a ticket against you? If so you are in trouble and I would fight it in court.
 

lick_a_lot

Active member
Jan 23, 2004
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Bottom line you turned left .... at best it will be 50/50 at fault. Right of way is to the one going straight, light red different story .... but amber ... tag ur it! This is not like the US where they can go after you and your assets ... the insurance companies hash out amounts here ... but if they loose enough they will increase ur rates or worse drop you as a client!
 

tboy

resident smartass
Aug 18, 2001
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And the only savings grace is that there is a limit to how much he can claim. At a minimum they will repair the vehicle including the costly air bags. As he wasn't severely injured they will probably only pay for the car.

You might want to know: even if the other driver ran a red, you'd still be at fault for crossing his path. The only way you could NOT be at fault is if he was stopped, and as soon as you started moving, accelerated into you.

Since Ontario is a no-fault hybrid system, his insurance will pay for his vehicle and your's yours. Unless he was seriously injured, his insurance will pay for his medical costs.

Here's a link to the website, more info can be found there.

http://www.ibc.ca/home_alta_insurance_myths.asp
 

wheats

Member
Nov 13, 2002
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yeah i'm insured and was ticketed....I'm worried on how much there going to sue me for because they're claiming now that they have bodily injuries....how much you guys think they'll clean me out for??

And thanks to all you guys for your helpful input....
 

1HandInMyPocket

Unoffical Capital One rep
Mar 2, 2002
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I know several people who unfortunately have gotten into an car accidents (fortunately no fatalities). Just as a side note, the person may have seem okay at the time of the inncident, (legitment) injuries can show up down the road, especially back problems. So don't be surprise hearing about any problems from the other driver. You may be looking at some medical fees of course, and some pain-and-suffering. But because this is Canada, the amounts will not be astronmical as in the US. I would estimate about $50k-$75 at most, but of course speak to a lawyer.
 

Cobster

New member
Apr 29, 2002
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What's he claiming? injured neck, back, etc?
He might go fishing...
 

KBear

Supporting Member
Aug 17, 2001
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Have you received notice from his lawyer? He might be just threatening to sue you hoping you will settle for some amount of money. Would not worry about it, your insurance company will look after everything.
 

newbieterbie

Member
Jul 8, 2006
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Was he speeding at all? Chances are he was and you misjudged the time you had to make the turn because he was driving too fast. That and he should have had time to see you and brake, even jam them on hard if he had to.

But technically, he has right of way.
 

scrooge

New member
Jun 7, 2004
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Fellow B-Chain fan, I do have a little experience in personal injuries. For the most part, other posters are right.

But I would check with you insurance company and see how much your coverage is for third party liability. If, for example, you have $1M coverage while he sues for $3M, I believe you can be out of pocket $2M (and possibly bankrupted).

How much he can sue for depends on a number of factors, including the severity of injury, how much wages he lost due to being off work, and/or punitive damages (to punish you for wrongful driving).

The ticket, if any, u get from the cop is a relatively minor issue in the scheme of things.
 
1HandInMyPocket said:
I know several people who unfortunately have gotten into an car accidents (fortunately no fatalities). Just as a side note, the person may have seem okay at the time of the inncident, (legitment) injuries can show up down the road, especially back problems. So don't be surprise hearing about any problems from the other driver. You may be looking at some medical fees of course, and some pain-and-suffering. But because this is Canada, the amounts will not be astronmical as in the US. I would estimate about $50k-$75 at most, but of course speak to a lawyer.
True, whiplash may take a day or two to show up. Your insurance company will look after it. If potential for insurance fraud, your ins. company may hire private investigator to dig up other person's history, med record, whether they're working & evidence of fraud.

I helped few close friends & extended family member in similiar cases. In 1 case, P.I. followed the guy around for weeks with camera. He was off work, on old workmen comp. While on the side work @ tire factory & Cement factory. He got his doc. to believe he was bed-bound.

Ins agent tells me usual range for court cases seek demage between $500K to $1 mil. While in U.S., not uncommon to go over $1 mil mark.
 

tboy

resident smartass
Aug 18, 2001
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Well, he can sue for whatever he wants but what he will get is another matter entirely. There are limits to what a person can sue for in Ontario due to a motor vehicle accident. If he wasn't rushed to the hospital in an ambulance, he won't be getting anything for punitive or pain and suffering. Insurance companies aren't stupid, they know if someone actually has a case or not. They may give him a couple grand to cover doctor's visits etc but as the no fault system states, it most likely will be his insurance that covers any damages.

If he does sue for more than his or your insurance will cover, there will be a discovery phase where they will determine if there is actually a case to be heard in court. His lawyer will definitely say there is, most likely there won't be because he didn't sustain more than 1 million in damages. Don't worry, if anything this is a long long long way off.

BTW: even if he sues and wins, that doesn't mean you have to pay. For eg: I sued 3 people for $350,000.00 settled out of court for $40,000.00 Lawyer took $20,000.00 on top of the 10 I had to pay her already, they paid me 2 K in cash, and the rest in post dated cheques (which bounced). Since the case was 'settled" for me to recoup the 8K owing me I'd have to sue them all over again.
 

skyfire

Member
Mar 22, 2004
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Going no where, I speak from experience!

I was involved in a mva a year and a half ago, and I am still to this day (honestly) legitmately hurt, I've been to physios but to no avail, I am now trying a chiropractor on the advice of my doctor. I also threatened to sue (the accident was not my fault) but I know since I went back to work I won't be getting any financial gain, it would be unrealistic to stay at home and wait for lawyers and insurance companies to pay...there are bills to be paid. The insurance system of today doesn't really protect the victim of a 'smaller' injury, basically I've been told to get any compensation you have to be close to death and at that point money doesn't matter! My opinion is that this other party is wasting his time....in fact I've come up with the notion that it's probably better to cause the accident(even though your rates will go up) than be the victim of one! When you are the victim the problems have just begun. Insurance companies now have laws that protect them to the max. Just my 2 cents
 

danmand

Well-known member
Nov 28, 2003
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sent said:
Yeah your insurance company will be paying it...regardless if it's green or yellow, you will be at fault since he's going straight.
Isn't there no fault insurance in Ontario?
 

Meister

Well-known member
Apr 17, 2003
4,198
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scrooge said:
The ticket, if any, u get from the cop is a relatively minor issue in the scheme of things.
Yes, the ticket is probably just a small amount, but the insurance companies use the police officer's decision to ticket as a reference on who is guilty. And, that, is a big issue.
 
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