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Old 12-29-2011, 01:18 PM   #1
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another left turn accident thread.

I am going to the adjuster next wednesday, just wanted to see what everyone thinks and where the fault should lie.

Keep in mine it was pouring rain and visibility was limited and roads were wet.

i was heading west on broadway, the other car was in the opposite left turn lane.
When i enter the intersection the light was yellow and i cant stop safely or else i would have skidded into the intersection so i had to go thru, then the left turn car stareted turning and i honked at him and he did not stop like he didnt see me or hear me honk so i had to slam on the brakes and swurve right trying to avoid him but my left front end collided with his right front end and my car spung 180 degree and ended up pointing eastbound. my airbags deployed.

everyone is ok.

the thing is if he stopped when i honked i could have avoided him.
he was an older gentlemen, i went to the car to make sure he was ok after the accident and he was.

I have a witness and the statement she gave to icbc was that she heard me honking and she saw the light changing but wasnt sure from what color to what color.

SO who will ICBC find at fault, i will update the result after i see the adjuster. and we can see who gets it right and can become an icbc adjuster themselve.
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Old 12-29-2011, 01:19 PM   #2
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In almost all cases the left-turner is at fault. He should've waited for you to clear the intersection before proceeding.
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Old 12-29-2011, 01:28 PM   #3
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In almost all cases the left-turner is at fault. He should've waited for you to clear the intersection before proceeding.
This.

Unless the light was red, you have right of way.
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Old 12-29-2011, 01:35 PM   #4
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could icbc also argue that you should have been able to safely stop? let us know how it goes.
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Old 12-29-2011, 01:40 PM   #5
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the thing is if he stopped when i honked i could have avoided him.
ICBC is going to figure out if speed was a factor.

It's good that you had a witness but the fact they didn't know what color the traffic light was doesn't really help.

In terms of who is at fault, the other driver should of waited for you to pass. As long as you entered the intersection before the red, (and have a witness to be safe) you shouldn't be at fault.
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Old 12-29-2011, 02:28 PM   #6
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speed was not a factor as it was rush hour and i had 4 ppl in the car and we were going uphill and it was broadway busy street and i kno i didnt speed, i was going traffic speed.
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Old 12-29-2011, 04:04 PM   #7
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they have to see how much impact both cars and where the point of impact are sustained but generally it would be the left turner is at fault
glad that you are able to walk away from this with no injuries
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Old 12-29-2011, 04:11 PM   #8
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my car was alot more damaged than his
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Old 12-29-2011, 04:16 PM   #9
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chances are other guy at fault (conditions would suggest you couldn't safely stop, whcih is in your favour for going through amber light) - but watch out, icbc loves 50/50 decisions, which screws everyone fully - i had a witness to my accident saying it was 100% other driver fault, came back 50/50

if you get 25% or less fault, that appears as though its teh right decision, but also count your lucky stars - nothing is straight forward with ICBC
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Old 12-29-2011, 04:19 PM   #10
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Glad everyone's ok.
As posted above, it is almost always the left-turner's fault, but they will investigate.

Once I was involved in an accident where I was the left-turner and they called it 100% the other persons fault. I was lucky because I had 2 witnesses. If I didn't have any witnesses it would've been 100% my fault for sure.

I was edged out in the turning lane, first one to turn. There was a car opposite me turning left as well, so I couldn't completely see behind the car. The light was yellow. I waited a bit as I always do before turning left, and I made my turn. Just then, a van came out of no where, and our cars collided driver-to-driver. We were both ok.

These situations are kind of hard to say sometimes. Because the difference between yellow-from-green and yellow-to-red is only a fraction of a second. I was lucky that I had a couple witnesses that said the van tried to make the light from too far away.

Now, I don't even care. If I'm the first one edged out to turn left, I wait until the opposite car is completely stopped, even if the light just turned red. Good thing this accident happened right after I dropped off my friend too.
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Old 12-29-2011, 05:24 PM   #11
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Left turner is at fault unless someone says you blew a red.
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Old 12-29-2011, 05:35 PM   #12
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So i called my adjuster and she said the guy has made his statement already, and i asked her if his statement matches my statement she said more or less, and the witnessess too, but she said she didnt read it in detail and she'll read it to me when i go in. But she asked if i was given a ticket, i said no i wasnat speeding or running a red, so now im suspicious to if the guy said i was speeding or running a red, or else why would she ask me that, guess i'll have to wait till wednesday but the suspense is killin me.
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Old 12-29-2011, 07:22 PM   #13
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I think she was just trying to figure out who is at fault...
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Old 12-29-2011, 08:28 PM   #14
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Good luck OP!
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Old 12-30-2011, 12:07 AM   #15
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Quote:
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But she asked if i was given a ticket, i said no i wasnat speeding or running a red, so now im suspicious to if the guy said i was speeding or running a red, or else why would she ask me that, guess i'll have to wait till wednesday but the suspense is killin me.
Prolly if you got a ticket, it would help her decide faster whos at fault.
What did the police say to you?
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Old 12-30-2011, 06:32 AM   #16
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Nothing just asked us what happened and names and told us to go and report to icbc
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Old 12-30-2011, 06:51 AM   #17
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Quote:
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chances are other guy at fault (conditions would suggest you couldn't safely stop, whcih is in your favour for going through amber light) - but watch out, icbc loves 50/50 decisions, which screws everyone fully - i had a witness to my accident saying it was 100% other driver fault, came back 50/50
This. I've seen this happen too many times. ICBC loves screwing over both parties. Be sure to argue with ICBC if they even mention to you about 50/50. It's almost as if they automatically assume it's 50/50 if they can't figure out the scenario.

Oh and good luck !
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Old 12-30-2011, 06:57 AM   #18
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Also now I'm hoping my car is a write off I don't want to fix it since I think it just won't be the same. But I think the damage needs to be at least 17000$. That sounds like alot so I don't know but it did look pretty bad. Front end is severely damaged and air bag deploy. Dunno if there's engine damage tho.
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Old 12-30-2011, 08:32 AM   #19
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Sincerely hope you're alrite! And wish you the best whatever the outcome is.
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Old 12-30-2011, 08:55 AM   #20
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This. I've seen this happen too many times. ICBC loves screwing over both parties. Be sure to argue with ICBC if they even mention to you about 50/50. It's almost as if they automatically assume it's 50/50 if they can't figure out the scenario.

Oh and good luck !
Yeah, if its 50/50, shouldn't it be 50% the penalty?
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Old 12-30-2011, 09:12 AM   #21
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Thnx James will I lose factory warranty if the car gets fixed
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Old 12-30-2011, 11:31 AM   #22
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Old 12-30-2011, 03:47 PM   #23
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any pics of the collision?
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Old 12-30-2011, 03:52 PM   #24
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see i was so stupid i didnt take any and i knew i should have too, but in hte heat of the moment i just forgot, cuz i had to make sure my friend was ok and made sure the other guy was ok and calling the ambulance. i kick myself for not doing it or else i would have an idea of how much damage it will be. i cant even remember exactly what was smashed, the front end is smashed infor sure but dunno about the engine. Man the adrenaline was kicking so i forgot to do the things that you should do in an accident. I did get a witness cuz i know that was important.
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Old 12-30-2011, 03:53 PM   #25
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As per Acura your warranty is voided if the vehicle was "totalled." If it was in an accident whatever components were damaged would not be covered under warranty.
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