Witness needed W3rd & donaghy / advice
 

If anyone was witness to my white tsx being hit by a girl in a black civic or know of anyone that saw it at about 1pm @ W3rd &donaghy north van, please send me a PM.

I would also like to know what you guys think....I feel like I am not at fault.

I came to a complete stop at the stop sign, I saw her car about a block away and felt safe to turn. As I am almost finished my turn I see her speeding towards me not looking at the road, Im guessing around 80km, i try to turn over to the right more to avoid her but there is a parked car in the way. She clipped my back bumper and received damage to the front of her car.

Ive already filed a claim with ICBC, they told me I can't use my passenger as a witness and in the case of my word vs hers, I'll most likely lose. Unfortunately about 5-10minutes AFTER the accident, a lady in a van driving by stopped to roll down her window and say to the girl that it was clearly my fault because I was turning left and this girl proceeded to take down her phone number...When she wasn't even there!

Should I wait for ICBC's outcome? Would it be advisable to start looking for a lawyer now? I've enclosed pictures to ICBC aswell that ill post. Any insight or if anyone saw it would be greatly appreciated.

http://img7.imageshack.us/g/accident001.jpg/

there's no way of knowing who's telling the truth. for all we know, the civic lady couldve been going 50 and you just cut right in front of her and turned left without looking.

even if you find a witness to say she was speeding, unless the witness was an officer, they're legally not able to determine vehicle speed.

your only sliver of hope is to find surveillance footage which clearly shows the collision. ICBC's panel of "experts" will analyze the physics of the impact to determine a ballpark figure of how fast the civic was going. if the civic was unquestionably going above the speed limit (like 80kmh as you say), then they'll find the case in your favour. if their range estimate is like 50-65kmh, they'll give her the benefit of the doubt. the cars have to be identifiable as well.

but thats the direction i see it going, let us know how it goes down

you were turning left and she was oncoming going straight?

most likely you're at fault.

Yes, the ICBC claims agent told me the same thing. I was hoping maybe I could find a lawyer or some kind of investigator to use my photos to prove the impact states she was speeding, but I guess that's a long shot in the dark ;(.

I say its your fault as well, failure to yield. The impact doesn't look too bad since all she did is rip off your bumper(as far as i can tell) which can also happen at slower speeds too...

She was going straight then it is up to you to ensure the way is clear before you proceed. No matter what her speed, you can't turn unless it is safe to do so.

Good luck though, I hope you come out of this OK.

Unfortunately... seems like because a stop sign has no right of way, icbc would pin you.

Sorry man.

Yeah =( Now that I've filed a claim to ICBC (they are still waiting for her response), in the event I'm found in the wrong (which looks like is going to happen), I still have the option to settle outside of ICBC and pay her damages, which would not affect my insurance right?

yes thats correct. add up the cost difference of having higher insurance and paying her car AND yours off. choose the cheapest one.

A similar case happened to me just before Christmas...but instead I crossed over to a median near King Edward and Arbutus (Each direction of the road had a median in the middle) As I crossed and then stopped to turn left into the lane, someone from behind me perpendicular to my car swerved and slammed into my driver side back bumper..tearing it to pieces. ICBC told me that I had a stop sign and that I did not proceed when it was safe to do so.

So I do believe that you'd probably be at fault...since I took all the blame for my accident as well. I DID however mention that the other driver did seem to be going really fast, but my word cannot be used against the other driver. (Which sucks honestly)...life goes on. Good luck and update us.

just say you were rear ended and never made a turn from the stop sign

By looking at the pics u posted, most likely u at fault cuz u got hit right after u made the turn. If u were hit like 100ft down the road after u made the turn, then i guess it will be a different story. Good luck anyway

Stop sign is there for a reason. Wait for another 5 seconds at the stop sign would save you hell lot of troubles. Sorry man.

When I frst saw the title, I seriously thought there was a street called W3rd :werd: with the 'e' capitalized and backwards..

Sorry but it sounds like you are at fault.

i can't see how you'd get out of this one clean.

At first I thought OP was looking for a member on RS with a username of "W3RD"...

I thought users W3rd and dangonay got into an accident..

Haha same here.

First I was like W3RD (TreyDoja) and donaghy??? what???

.....oh must be W3RD and dangonay....

left turn=your always at fault