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03-30-2009, 07:18 PM
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#1 | | Banned (ABWS)?
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| Accident, who's at fault.
My bro got into an accident while running a yellow. My bro was going northbound down oak and 33rd (downhill), the other driving was facing southbound, making a left turn and assumed my bro was gonna stop. So he turned and then my brother had to slam on the brakes but ended up clipping the guy's rear bumper. So my brother's right front bumper and headlight is a bit damaged.
There was one witness, but my brother didn't say whether he was for or against him. He just gave his contact info to both drivers, and took off.
I'm just wondering who's at fault or is this gonna be a 50/50?
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03-30-2009, 07:20 PM
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#2 | | In RS I Trust
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the other guys fault. the person going striaght always has the right away.
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03-30-2009, 07:26 PM
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#3 | | Rs has made me the woman i am today!
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since you have a witness, it is now up to the witness who decides was at fault.
But it seems it is the other party's fault unless your brother was gunning to pass the yellow light.
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03-30-2009, 08:01 PM
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#4 | | Banned (ABWS)?
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Can you define "gunning to pass the yellow" ?
oh, btw, my brother noobed out. he's been driving for almost 15 years now, but since it's his first accident, I guess he got caught in the moment and forgot to ask for crucial things.
DL + copy the liscense. He's not a car guy, so he's uncertain of the model and make of the other car. He only exchanged name and phone number (hopefully it's not BS) with the other guy, and vice versa.
So anyone know if a proper claim can even be done??
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03-30-2009, 08:03 PM
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#5 | | Rs has made me the man i am today!
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Typically, it is the person turning left's fault.
Kev
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03-30-2009, 08:06 PM
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#6 | | HELP ME PLS!!!
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your bro hit his rear bumper? sounds like icbc will say either your bro or at best 50/50
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03-30-2009, 08:07 PM
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#7 | | In RS I Trust
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| Quote:
Originally Posted by AzNightmare  Can you define "gunning to pass the yellow" ?
oh, btw, my brother noobed out. he's been driving for almost 15 years now, but since it's his first accident, I guess he got caught in the moment and forgot to ask for crucial things.
DL + copy the liscense. He's not a car guy, so he's uncertain of the model and make of the other car. He only exchanged name and phone number (hopefully it's not BS) with the other guy, and vice versa.
So anyone know if a proper claim can even be done?? | No licence plate number? if not your bro's a fricken idiot and the other guy could get off.
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03-30-2009, 08:24 PM
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#8 | | OMGWTFBBQ is a common word I say everyday
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Originally Posted by way2quik since you have a witness, it is now up to the witness who decides was at fault.
But it seems it is the other party's fault unless your brother was gunning to pass the yellow light. | what do you mean it's up to the witness as to whom is at fault?
if the the witness explains what they see truthfully, it's icbc's decision.
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03-30-2009, 08:48 PM
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#9 | | Banned (ABWS)?
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Originally Posted by murd0c No licence plate number? if not your bro's a fricken idiot and the other guy could get off. | That's very true, and that is what may happen. Quote:
Originally Posted by cakeTech what do you mean it's up to the witness as to whom is at fault?
if the the witness explains what they see truthfully, it's icbc's decision. | Well if ICBC cannot decide who's fault it is by both drivers testimony (most likely they are just gonna be accusing the other guy) The witness will be the neutral person that will probably tip the favour to one guy or the other. It could be subtle, but usually the testimony will favour to one side if you look for it. And besides obvious rear-ends, ICBC tends to just base their decision on testimonies, and not damages. (at least from my BS experiences)
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03-30-2009, 09:14 PM
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#10 | | Banned (ABWS)
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sounds like your brother is at fault.
for one he is running a yellow (your words). Yellow means you stop unless you are too close to the intersection to stop. For the other drive to assume your brother is going to stop, it means that your brother was far away enough from the light to come to a complete stop. He probably second guessed and booked it.
Plus, your bro hit the guy, not the guy hitting your brother
your brother is lucky if its 50/50
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03-30-2009, 09:28 PM
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#11 | | Banned (ABWS)
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Originally Posted by azzurro32 sounds like your brother is at fault.
for one he is running a yellow (your words). Yellow means you stop unless you are too close to the intersection to stop. For the other drive to assume your brother is going to stop, it means that your brother was far away enough from the light to come to a complete stop. He probably second guessed and booked it.
Plus, your bro hit the guy, not the guy hitting your brother
your brother is lucky if its 50/50 | Yeahhh, no. You turn left on a yellow, with cars coming, assuming they will stop, and get hit, it's your fault 100%. Had a friend who had that happen to her.
Yellow doesn't mean it's ok for you to turn left. Only turn when it's safe to do so, as in, when there's no cars coming at you.
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03-30-2009, 09:39 PM
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#12 | | Banned (ABWS)?
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Originally Posted by azzurro32 sounds like your brother is at fault.
for one he is running a yellow (your words). Yellow means you stop unless you are too close to the intersection to stop. For the other drive to assume your brother is going to stop, it means that your brother was far away enough from the light to come to a complete stop. He probably second guessed and booked it.
Plus, your bro hit the guy, not the guy hitting your brother
your brother is lucky if its 50/50 | Quote:
Originally Posted by bengy Yeahhh, no. You turn left on a yellow, with cars coming, assuming they will stop, and get hit, it's your fault 100%. Had a friend who had that happen to her.
Yellow doesn't mean it's ok for you to turn left. Only turn when it's safe to do so, as in, when there's no cars coming at you. |
yeah, I can see a possibility of both cases, which is why I made this thread for some discussion. Since I wasn't there, I can't give anymore info than what my brother told me. What should you be doing in an ICBC testimony though? should you be trying to say things to win yourself favours (by accusing the other guy of doing wrong, ie, miss judgement of other cars) or just state the facts and that's it?
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03-30-2009, 09:42 PM
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#13 | | OMGWTFBBQ is a common word I say everyday
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| Quote:
Originally Posted by azzurro32 sounds like your brother is at fault.
for one he is running a yellow (your words). Yellow means you stop unless you are too close to the intersection to stop. For the other drive to assume your brother is going to stop, it means that your brother was far away enough from the light to come to a complete stop. He probably second guessed and booked it.
Plus, your bro hit the guy, not the guy hitting your brother
your brother is lucky if its 50/50 | the first 2 paragraphs makes sense, EXCEPT when you are turning left, you ALWAYS assume they are not going to stop for you because they have the right of way.
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03-30-2009, 09:50 PM
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#14 | | RS has made me the bitter person i am today!
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Originally Posted by wouwou the first 2 paragraphs makes sense, EXCEPT when you are turning left, you ALWAYS assume they are not going to stop for you because they have the right of way. | Actually, from what I remembered from driving school, the person in the "Box" of an intersection has right of way to clear the box when the light turns yellow. You should have plenty of time to stop if you aren't in the intersection yet when the light turns yellow assuming you aren't speeding.
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03-30-2009, 09:53 PM
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#15 | | Rs has made me the woman i am today!
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yellow is just as good as green isn't it?
you're allowed to "run" a yellow, you definitely can't "run" a red.
so it should be the guy turning left who is at fault.
it always is.
and is your bro retarded? i hope he got the right phone number and name..
geese...
no DL or license.. man..
get him to call RIGHT AWAY. to ask for DL info and license.
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03-30-2009, 10:02 PM
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#16 | | Banned (ABWS)
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Originally Posted by AzNightmare yeah, I can see a possibility of both cases, which is why I made this thread for some discussion. Since I wasn't there, I can't give anymore info than what my brother told me. What should you be doing in an ICBC testimony though? should you be trying to say things to win yourself favours (by accusing the other guy of doing wrong, ie, miss judgement of other cars) or just state the facts and that's it? | Your brother basically has to tell ICBC that when the Yellow came on, it was not possible to come to a complete stop in a safe and timely manner so he had to go thru the intersection. If it was wet outside, that's a bonus.
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03-30-2009, 10:16 PM
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#17 | | WOAH! i think Vtec just kicked in!
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Originally Posted by bengy Yeahhh, no. You turn left on a yellow, with cars coming, assuming they will stop, and get hit, it's your fault 100%. Had a friend who had that happen to her.
Yellow doesn't mean it's ok for you to turn left. Only turn when it's safe to do so, as in, when there's no cars coming at you. | this is the right answer here.
This has happened to my mom, my gf's brother, and my friends brother.
This is why you always make sure that the car is stopping before you turn left.
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03-30-2009, 10:34 PM
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#18 | | I WANT MY 10 YEARS BACK FROM RS.net!
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usually the person driving straight has right of way..but is he at fault say if he was speeding? Assuming the light was still yellow when he entered the intersection...would the factor of him speeding put him at fault?
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03-30-2009, 11:30 PM
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#19 | | Rs has made me the man i am today!
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Originally Posted by twitchyzero usually the person driving straight has right of way..but is he at fault say if he was speeding? Assuming the light was still yellow when he entered the intersection...would the factor of him speeding put him at fault? | if there is nothing there to clock the speed, icbc can't use it as evidence to say that guy's bro is wrong...
i say it really depends whether the witness confirms whether the guy running straight was still in the intersection when the light turned red....if he is unsure it'll probably be 50/50..given the judgment of who is at fault really depends on the light when the 2 cars hit
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03-30-2009, 11:57 PM
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#20 | | Rs has made me the man i am today!
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i was in an accident exactly like this
and its the person turning left's fault 100% because he should have made sure it was safe before making the turn
it doesnt matter if it was a yellow because you running a yellow meant he ran a yellow, you running a red meant he was running a red (you guys were in the intersection at the same time)
just tell icbc you were going 50 and it was unsafe to stop because you were worried the car behind you would hit you from the back if you slammed on the brakes
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03-31-2009, 12:03 AM
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#21 | | I'm better than you.
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sounds like it might have been avoided if he didnt brake :P
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03-31-2009, 12:19 AM
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#22 | | Banned (ABWS)
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i thought that left turn is basically always at fault.
but if it gets down to picking at hairs and details, if the driver going STRAIGHT hits the front portion of the car turning LEFT, then its the left turning driver's fault.
if the driver going STRAIGHT hits the rear portion of the car turning LEFT, then its the straight driver's fault.
but then again i'm no expert.
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03-31-2009, 12:51 AM
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#23 | | My homepage has been set to RS
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person turning left is usually the person at fault. the only time that doesn't happen is if the person going straight runs a red light.
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03-31-2009, 08:59 AM
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#24 | | Willing to sell a family member for a few minutes on RS
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i'd say 50/50 in this case cuz his hit his rear. If he would have hit ths front then I would say 100% the other guys fault. This is a tricky one, hope icbc doesnt screw ur brother
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03-31-2009, 09:13 AM
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#25 | | OMGWTFBBQ is a common word I say everyday
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Originally Posted by terkan Actually, from what I remembered from driving school, the person in the "Box" of an intersection has right of way to clear the box when the light turns yellow. You should have plenty of time to stop if you aren't in the intersection yet when the light turns yellow assuming you aren't speeding. | actually, when it comes to OP's case, it really doesnt matter if the person is in the box because turning left requires a driver to make absolutely sure that there is no car coming at them.
It's so common sense that it has to be the only way 
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