as long as the 3 witnesses you have give the same story; you should be fine

You asked a question, were advised that rs is not the best place to get legal advice, and now you are disputing the answers you don't want to agree with.

Logically, yes you are correct. It was that girls fault. But unfortunately, what counts is how ICBC deals with things. And its their precedent to give you fault.

Lawyer up, and start working on your dispute.
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I guess I'm disputing it because I am angry at the situation/circumstances and that I think the system ICBC uses is bullshit from what the members here are saying. (About how its always 100% the left turner's fault no matter what situation no questions asked, etc)

Thanks anyways.

it is usually the person who turns left is at fault, however, ICBC will assess where the damage to the car is to be a determining factor of % of fault for each driver

ie. I can't see how the person who turns left is at 100% fault if his quarter panel/rear bumper was damaged

witnessess will be towards your advantage if they can backup your story too, was there any red light cameras?

So many of these threads made wow.

http://www.revscene.net/forums/66047...-accident.html

That thread is similar to your situation but not the same.


This thread is the same situation as you I believe. The left turner was NOT found at fault here, the driver who tboned his car ran a red light as well. The driver who ran the red was found 100% at fault. Though in this situation I think there was a video given to ICBC where it showed the driver running the red.
http://www.revscene.net/forums/65627...-boundary.html

Thanks, I'll read both threads.

You are at fault.

id hate to say this, but my friend was in the same situation a little over a year ago, and to make it worse, the guy who hit him was drinking, but ICBC still said he was mostly at fault, and they didn't take much into account that the other guy was drunk, pretty shitty deal, and my friend has to go to court as a witness against the other guy.

This is exactly what happened to me (except I was the person going through and I SWEAR it was barely yellow).

The guy found a "witness" like a month after the accident that said I ran the red light. We hit basically head on because he started going when I was already in the intersection and it was still 100% my fault. So if you have people that say it was red for the other car and you were hit towards the rear of the car, I would find it impossible that it is at any part your fault.

PM me and I can give you more details, you should be fine.

Remember the ferrari left turner incident not too long ago and one of the rs members had the accident recorded? Ferrari dude had same issue and it ended up being 100% red light gunner's fault so no its not always left turner's fault. As long as your witnesses give same story about gunning down red youre fine or less at fault
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Same thing happened to me 10 years ago, waiting to turn left and it was dark and rainy. Waited til it was safe, the light turned red, all the oncoming cars were slowing down, and then one asshole guns it and smokes me and spins the car around ($5000+ damage). Was a young kid then and didn't think to see if I could grab any witnesses. He supposedly had a witness but of course I was fucked either way. Found 100% at fault and paid for it on my insurance for many years. Good luck to you since you have witnesses.

A frd of mine was in the same incident about 5 years ago, she was in the middle of the intersection waiting to turn left. She waited until the light to turn completely red before she started to turn. A car ran the red and hit her around the passenger side head light, 911 was called and there were more than 3 witnesses saying the other car ran a complete red and was going way too fast. The other driver was found at fault.

See?! Thank you! Thats my EXACT same situation, my passenger door was hit, witnesses saw she ran the red, i turned on red and was 80% complete my turn.

So did you get your witnesses contact? It can't be the ones in your car.
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Ya she was on the side in a totally different car that saw the whole scene happen, she went over and game me her contact info to use as a witness right after the crash.

Actually one of my buddy have the same incident. Icbc ruled that it was the one who ran the red at fault. But that depend on where the impact is at. He got hit close to the rear side. But if you have witness then i think you should be ok.

ICBC will prolly rules this as 50-50 coz its near the center of your car..

For this, go see doctor and then talk with a lawyer and sue them (privately) for damages if its serious

ICBC Plaintiff Lawyer here.

In many/most cases, the vehicle making the left turn is the one liable for the accident. The reason for that is, the left-turning vehicle is in a 'servient' position, and the straight-driving vehicle is in the dominant position.

All things considered, it is the servient vehicle that moves into the path of the straight vehicle, and so you have to take extra care to ensure the path is safe before proceeding. For example, just because a light flips from green to yellow doesn't mean you can just make your turn. Not that I'm saying you did that, just an example.

But in cases where the court is satisfied that the straight-driving vehicle did in fact run a red and in an unsafe and unexpected manner, he or she can be found liable for the accident.

In a nutshell, the deck is stacked against you, but if you can provide sufficient evidence to convince the court that the straight-driving car ran a red, you might be ok.

This is not legal advice, though. Go find a lawyer.

Also, here is a case I found in a quick search. It's not the best case, since it's Provincial Court, not Supreme, and it's a bit old, but whatever. It gives a decent summary of the law.

CanLII - 2001 BCPC 171 (CanLII)