REVscene - Vancouver Automotive Forum

magster · 04-23-2009, 09:48 AM

About November of 2008 a pick up truck and a 1 ton truck smashed their mirrors together. They were coming the opposit way. I saw the whole thing happened as the Pick up truck in front of me must of been on the phone as he was swarving quite abit. His Side mirror went straight up into the air and land on my hood and chipped my windshield. The 1 ton truck stopped but the pick up truck in front of me sped up and kept going. The accident happened on Oak and 49th. I caught up to the truck on Hemlock right before getting up to the granville bridge and I took out my cell phone and took pictures of his license plate and the damage of his car. The guy kept on going and I was late for my appointment but I had his license plate his phone number which was splattered all over his car cause its a company car and some pictures showing his damage.

I called up ICBC and gave them the whole story and that how he nevered stopped at the scene of the accident and so on. ICBC interviewed the driver and he said he turned around after a couple of blocks and no one was there so he though nothing of it. I told my adjustor to look at the pics which clearly shows he was on Hemlock and he couldn't of turned around as I was following him.

The Truck driver's adjustor closed the case a few weeks ago and stated the driver was found no fault as the 1 ton truck driver's information/statement is not there. I told her of coarse its not there cause the pick up driver didn't stop. My adjustor contacted me yesterday that she is going to appeal the other adjustor's decsion but if it doesn't work, I would end up eating the $300.00 deductable.

I just want to know how they cannot find him at fault and I would need to pay my deductable?? If he would of stopped at the scene of the accident I would not be paying anything... He clearly lied on his statement about him turning around and I had the pictures to prove it.

So if he hit someone and leave the accident...It is his word against mine?? He acknowledged to ICBC that the accident occured with the 1 ton truck only after I reported it to ICBC. He told ICBC that the 1 ton truck was driving too close to the middle lane. But I want to know doesn't he get discredited for lying and leaving the scene of the accident?

Very frustrating as this has been dragging out since November and is like end of april already. I honestly don't care about the $300.00 but it is the princaple of the matter.

quasi · 04-23-2009, 09:52 AM

I'm fairly certain you can sue the pickup the driver in small claims court if you have evidence which it sounds like you do. You have to decide whether or not it's worth the hassle and possible financial cost but it is an option.

magster · 04-23-2009, 10:30 AM

Quote:

Originally Posted by quasi

I'm fairly certain you can sue the pickup the driver in small claims court if you have evidence which it sounds like you do. You have to decide whether or not it's worth the hassle and possible financial cost but it is an option.

But I just don't understand the process at ICBC....Isn't it illegal to leave the scene of the accident???

zulutango · 04-23-2009, 11:49 AM

It is illegal to leave, without exchanging info. You have identified the vehicle who did not stop. I cannot understand why ICBC did not interview all drivers involved. Was the 1 ton driver also identified? His statement should help your claim. As you have identified the pickup that caused it, you should not be on the hook for the deductable. I had a parked vehicle hit, and 2 others in the same lot were hit by the same truck because the paint matched the truck. ICBC charged me the deductable because I could not identify the truck that ran. Sounds like maybe you could be asking them that question?

Duty of driver at accident
68 (1) The driver or operator or any other person in charge of a vehicle that is, directly or indirectly, involved in an accident on a highway must do all of the following:

(a) remain at or immediately return to the scene of the accident;

(b) render all reasonable assistance;

(c) produce in writing to any other driver involved in the accident and to anyone sustaining loss or injury, and, on request, to a witness

(i) his or her name and address,

(ii) the name and address of the registered owner of the vehicle,

(iii) the licence number of the vehicle, and

(iv) particulars of the motor vehicle liability insurance card or financial responsibility card for that vehicle,

or such of that information as is requested.

magster · 04-24-2009, 09:34 AM

Quote:

Originally Posted by zulutango

I cannot understand why ICBC did not interview all drivers involved. Was the 1 ton driver also identified? .

No....Because the pick up truck never stopped and because of that we never got to exchange info.

Apparently even if the 1 ton truck called in the claim, they cannot cross reference the claims to ours as their systems doesn't have that option.

zulutango · 04-24-2009, 11:31 AM

Can't understand why they cannot interview the driver of the pickup truck as he should be listed as "vehicle 1" on the MV 6020? You have positively identified him with pictures. This would be for your claim...not his. I would be talking to him if I was investigating the crash and would be negligent if I did not interview a suspect. I guess I do not understand why the way their system is set up, would prevent the interviewing of the identified driver of the vehicle that caused the damage and failed to stop?