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-   -   got into an accident today, no witness = 50/50? (https://www.revscene.net/forums/577901-got-into-accident-today-no-witness-%3D-50-50-a.html)

thebigbea55 06-03-2009 07:29 AM

thx for all the opinions guys..

just that i had a similar accident before this year.. it's was 100% the other party fault (cause she didn't stop when turning right on a red light as i was making a left) but icbc gave it 50/50..

dL 06-03-2009 08:48 AM

It's definitely her fault. I'd be pissed for you too if she makes up some shit and turn it into 50/50.

dL

Pochacho 06-03-2009 09:54 AM

Quote:

Originally Posted by thebigbea55 (Post 6449586)
thx for all the opinions guys..

just that i had a similar accident before this year.. it's was 100% the other party fault (cause she didn't stop when turning right on a red light as i was making a left) but icbc gave it 50/50..

I don't get it...
she was turning right and u were turning left... It is a red light for her, so it should be a red light for you as well? or it was a green turning signal for u?

thebigbea55 06-03-2009 11:00 AM

Quote:

Originally Posted by Pochacho (Post 6449763)
I don't get it...
she was turning right and u were turning left... It is a red light for her, so it should be a red light for you as well? or it was a green turning signal for u?

yes it was the green turning signal for me.. i was the first car turning left at the light.. then the light turned green with the left turn arrow flashing.. so i turned.. but this lady didn't stop when turning right on the other side.. so she slammed into my car even though i stayed on the left lane after i made an complete turn..

she claimed she had a green light at the time..

icemiko 06-03-2009 11:09 AM

You should have taken pictures of the accident right after it happened!!

dark0821 06-03-2009 11:21 AM

dun wry. it will probably end up as her fault.. good luck bro.. and suxx to have smth ike this happen to you

Rikaro 06-03-2009 12:54 PM

did you get her phone #? If you win it let us know, and also give her a call so you can LOL her hahah

thebigbea55 06-03-2009 01:06 PM

just got back from the body shop.. they said it will take over $5k to fix the car side.. i guess can't sell the car for much now after this..

if it's 50/50, my insurance will sky rocket next yr...

TOPEC 06-03-2009 01:53 PM

Quote:

Originally Posted by thebigbea55 (Post 6450057)
just got back from the body shop.. they said it will take over $5k to fix the car side.. i guess can't sell the car for much now after this..

if it's 50/50, my insurance will sky rocket next yr...

if u know u r absolutely right, and they still deem it 50/50, threaten to call a lawyer on them, they will most likely re-evaluate the accident. do this only if u know u r absolutely right, or else ur just wasting people's time.

orange7 06-03-2009 04:59 PM

Quote:

Originally Posted by jc8899311 (Post 6449453)
u shudve fone the cops whn the accident happened

Wrong!

I think the damage has to be above a certain amount ($5000?) in order for the police to get involved into the car accident. However, if the accident involves a life being threatened, then you have to call the police immediately.

ecsw 06-03-2009 05:12 PM

my wife had an accident years ago.
She was going straight on green. A old lady turned left from her left and my wife hit her. The old lady claimed my wife was going on red and she was on green while turning left.

ICBC decided with 50/50 because there's no witness on early Sunday morning on who runs green. ICBC won on both. :(

f22b-nos 06-03-2009 05:42 PM

Chinese gal may try to state that she saw your car having a right turn signal on while approaching the intersection. Thus, she assumed it was safe for her to move into the intersection.

Of course with no witnesses, onus will be on her to prove this allegation. Even if you did have a turn signal on, still doesn't make a difference. She still left from a red light.

If she tries to say the light colours were messed up, a quick call to City of Richmond engineers will confirm there were no problems at that time.

mmmk 06-03-2009 05:56 PM

I think it'll be her fault, because she should NOT turn if there is an oncoming car. Regardless of the light (whether it be green, yellow, late yellow).

If she argues u ran a red...I would argue back. How would she know that u ran a red? If she saw u at all....she shouldn't have continued turning, so I doubt she saw ur car at all.

mmmk 06-03-2009 05:57 PM

Quote:

Originally Posted by orange7 (Post 6450338)
Wrong!

I think the damage has to be above a certain amount ($5000?) in order for the police to get involved into the car accident. However, if the accident involves a life being threatened, then you have to call the police immediately.

Can anyone clarify?
I always thought that if the other party was not being cooperative (ie. showing you their DL), then you can call the cops, regardless of the cost of the accident.

dai3yuen 06-03-2009 08:24 PM

Quote:

Originally Posted by orange7 (Post 6450338)
Wrong!

I think the damage has to be above a certain amount ($5000?) in order for the police to get involved into the car accident. However, if the accident involves a life being threatened, then you have to call the police immediately.

Operator: 911, how can I help you?

Caller: I've just had a car accident and need the police to attend.

Operator: How much damage do you think there is to your car?

Caller: Ummmm......

Do you really think it works that way????

Police will attend an accident when there are injuries or when it is a 'major' accident. Small, minor fender benders they will most likely not attend.

So much mis-information in this thread.

To the OP:

If the accident happened the way you said it did, you = straight on a green, other car = turn right on a red, and the other driver gives the same statement to ICBC, then she will be 100% at fault.

The problem here is that if she claims that her light was green and your light was red and you ran the red, then there's conflicting stories. As there are no witnesses, the adjuster will have to make a ruling based on the statements of the two drivers.

ICBC can't base their rulings on the credibility of the people making the statements. They make their decisions based on the MVA.

Best bet is to go back to the intersection and post up BIG signs asking for witnesses.

Good luck...

TRDood 06-03-2009 10:23 PM

what happens when it's a yellow light on a big street? the car going straight still have the right of way correct?

let's say the other car is waiting to go straight from a small street that have a stop sign.
stop sign means stop, then proceed. even if there is a red light in a pesdestrain controlled intersection right?

this 50/50 bullshit is gay. icbc increases both insurance rates.

ecsw 06-04-2009 11:40 AM

Quote:

Originally Posted by TRDood (Post 6450764)
what happens when it's a yellow light on a big street? the car going straight still have the right of way correct?

let's say the other car is waiting to go straight from a small street that have a stop sign.
stop sign means stop, then proceed. even if there is a red light in a pesdestrain controlled intersection right?

this 50/50 bullshit is gay. icbc increases both insurance rates.

I believe yellow light still has the right of way.

Exactly. Like I mentioned earlier. I got screwed and put on a 50/50 just because my wife cant find a witness on early Sunday Morning. :mad:

m!chael 06-04-2009 12:15 PM

In richmond cops like to get involved in car accidents no matter how small they are.

Gumby 06-04-2009 01:47 PM

Quote:

Originally Posted by m!chael (Post 6451495)
In richmond cops like to get involved in car accidents no matter how small they are.

And as if you don't feel shitty enough after an accident, they'll brighten up your day with a ticket or two! :D

Blinky 06-04-2009 07:45 PM

Quote:

Originally Posted by TRDood (Post 6450764)
what happens when it's a yellow light on a big street? the car going straight still have the right of way correct?

Making a number of fairly obvious assumptions, yes - the car on yellow has Right Of Way (the turner in this case would be facing either a red light or a stop sign).

Quote:

let's say the other car is waiting to go straight from a small street that have a stop sign.
stop sign means stop, then proceed. even if there is a red light in a pesdestrain controlled intersection right?
Stop means Stop, YIELD and proceed if/when safe. My guess is that an accident with someone running the red light would be 50/50. In the absence of witnesses and obvious identifying damage, ICBC could well rule in favour of the straight driver.

Quote:

this 50/50 bullshit is gay. icbc increases both insurance rates.
Tell me, who is more at fault in your second scenario? Both drivers are wrong.

ctsport 06-05-2009 02:06 AM

Quote:

Originally Posted by Gumby (Post 6451595)
And as if you don't feel shitty enough after an accident, they'll brighten up your day with a ticket or two! :D

Once on Alderbridge, a kid rear ended me and pushed me into the car in front. The police came and not only concluded that the damage of all 3 cars was his fault but ticketed him for not displaying his N too. Needless to say, when his mother showed up, she was not happy. :D

impactX 06-05-2009 02:40 AM

Quote:

Originally Posted by thebigbea55 (Post 6449016)
got into an accident today at richmond.. i was going straight in an intersection when this car hit me as she was turning right.. my light was green at the time.. it was her fault but now she said it's my fault.. she can't even speak english too.. some gal from a business had to come out and translate to her..

if there is no witness, icbc usually give a 50/50?


btw, do we not have to go to icbc claim center and see an adjuster now?? i called icbc today and they just ask me to go straight to a body shop..
i had an accident before but i had to go to icbc claim center and let them see the damage.. and explain what happened..



Quote:

Originally Posted by thebigbea55 (Post 6449838)
yes it was the green turning signal for me.. i was the first car turning left at the light.. then the light turned green with the left turn arrow flashing.. so i turned.. but this lady didn't stop when turning right on the other side.. so she slammed into my car even though i stayed on the left lane after i made an complete turn..

she claimed she had a green light at the time..


You said you were going straight.

shawn79 06-05-2009 03:16 AM

i had an accident 4 months ago at a round about, i was done turning and this audi came from behind and hit me on the right rear bumper. I was heading south(richmond) and he was heading east(east van). When we exchanged info, he cliamed i clip him blah blah blah... but in the end i still won. 100%

btw a lil off topic question
If a taxi is parked and the passenger opens the door and hits you in an alley that one car can go thru at a time whos fault is it?

thebigbea55 06-05-2009 07:26 AM

Quote:

Originally Posted by impactX (Post 6452456)
You said you were going straight.

oh... thats 2 different incidents there..

thebigbea55 06-29-2009 05:19 PM

i was at the small claim court a while ago and they said it's 50/50 because i have no evidence of the lights at the intersection at the time..

but today, i got a letter from the court saying it's 100% my fault.. WTF... anyone know if i can appeal this?? i called my adjuster and she said she can't do anything now..


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