ICBC Final Offer. I'm fucked aren't I?

[nsx042003]

so what is it? the guy in the other car ran a red and hit you and you are at fault?

Am i missing something? I would've thought anyone running a red and hit would be at fault, why does even left turning be at fault?

I'm shocked to say the least, unless the other guy didn't run a red, and just went through a yellow, then i'd say OP is partly at fault. but 100% fault? no fucking way

[Duff Beer]

y u confuse?

Sorry can't help it. But in all seriousness, would you mind sharing what happened, OP? Maybe one or two of us have gone through the same situation and are able to help out or give input. A close friend of mine is a personal injury lawyer, if you need to go that route.

[freakshow]

Sorry to sound like a broken record.. But if you didn't have collision, why is icbc taking your car and giving you money? Doesn't 'no collision' mean that the other drivers damages are covered, and you're on your own? (no payout, buy they also don't take your car?)

[mmmk]

^
I'm wondering this as well.

[Expresso]

Originally Posted by freakshow

Sorry to sound like a broken record.. But if you didn't have collision, why is icbc taking your car and giving you money? Doesn't 'no collision' mean that the other drivers damages are covered, and you're on your own? (no payout, buy they also don't take your car?)

Sounds like he's getting a payout for his injuries and not the car.

If you don't have Collision, isnt the car yours to keep as you please? Or does ICBC keep your car regardless if you have Collision or not?

[godwin]

Honestly you don't need a roll cage (that's just add more complications to your insurance).. you need a video camera (if it is true that the oncoming car had ran the red, that it will be recorded)

Perhaps some time off to figure out how the world works and a bit more maturity? Just because the world doesn't go your way doesn't mean you need to say you are "f'ed".. Putting expletives just inflames the situation.

In this situation, I suggest just take the cheque, that way at least you will be earning interest and you can get on with your life.

Originally Posted by SpuGen

Next car is getting this.

[SpuGen]

^
Was being sarcastic.

I only made the thread hoping someone with the same experience would chime in and help me figure out my options. Lawyer was being vague and pretty much told me it's not worth it. Or worth it for him. Who knows.

Im actually more pissed that I have a surcharge now.

[MaGNuM16]

left turns is icbc best friend. Ive also been in 2 left turn accidents one where the guy ran a red light and hit me , thank god i had witnesses. And the other i was making a left turn , i was at 100 percent fault cause my one witness flaked out on me ... Overall ive learned ill stay in the intersection until its 100% clear , even if the lights red ill wait till i see those cars stop. Its not worth the surcharge nor is it fun getting T boned again. OP take what icbc gives you and learn from your mistakes !

[Gridlock]

Originally Posted by MaGNuM16

left turns is icbc best friend. Ive also been in 2 left turn accidents one where the guy ran a red light and hit me , thank god i had witnesses. And the other i was making a left turn , i was at 100 percent fault cause my one witness flaked out on me ... Overall ive learned ill stay in the intersection until its 100% clear , even if the lights red ill wait till i see those cars stop. Its not worth the surcharge nor is it fun getting T boned again. OP take what icbc gives you and learn from your mistakes !

Totally agree. Go ahead and honk. Especially when its yellow, I'm not assuming that this guy bearing down on me is not suddenly going to decide he's in a hurry.

[7seven]

Originally Posted by SpuGen

^
Was being sarcastic.

I only made the thread hoping someone with the same experience would chime in and help me figure out my options. Lawyer was being vague and pretty much told me it's not worth it. Or worth it for him. Who knows.

Im actually more pissed that I have a surcharge now.

After re-reading your original accident thread, you originally state it was a stale yellow and in this thread a stale red Did you also tell first responders/ICBC at first the other driver went through a yellow too? Add that to the fact that you were making a left turn I'm starting to think the truth leans more on the side of the other driver and ICBC. I could be wrong but that's how it seems here. In the original thread you said people waiting at the bus stop had to pull you out of the car, did none of them give witness statements? Where they for or against you, if they did I would guess they weren't in your favor and that's why ICBC ruled against you? So really,why so pissed/surprised you're getting a surcharge now?

You declined to get collision insurance to save a couple bucks, as other have stated it's right for ICBC not to give you anything for the car. So it's really now down to the injury claim and what you think you deserve for that and what ICBC thinks you do. Sounds like you don't have a great lawyer or one that doesn't think you have a good injury claim if you didn't keep injury logs/day books/doctor reports.

So really, are you angry/pissed at youself or ICBC.

[Gumby]

Originally Posted by nsx042003

so what is it? the guy in the other car ran a red and hit you and you are at fault?

Am i missing something? I would've thought anyone running a red and hit would be at fault, why does even left turning be at fault?

I'm shocked to say the least, unless the other guy didn't run a red, and just went through a yellow, then i'd say OP is partly at fault. but 100% fault? no fucking way

It's obvious that you're turning left. But how do you prove that the other guy ran a red light?

[SumAznGuy]

Originally Posted by Gumby

It's obvious that you're turning left. But how do you prove that the other guy ran a red light?

Witnesses.

Either a red light ticket for the other driver, witnesses in the cars that stopped for the red light, or a certain Red RX8 with a dash cam.

[GGnoRE]

When my parents got into a left turn accident, the examiner said they look at where the collision occured on the car. If the front bumper of the left turn vehicle is hit, its likely that ICBC will put more than 50% responsibility on the left turn (if not 100%). If the rear bumper of the left turn vehicle is hit, the oncoming car carries some more fault.

[bing]

^they may consider that, but its not a final determination. The ultimate rule is the left-turner is 100% at fault without evidence. Even if they "applied" more fault to the oncoming car, all he/she has to do to get a reversal in the decision is challenge and escalate the claim with the manager. For these very reasons, I will never ever turn until I feel safe, even if the guy behind me is honking. Two lane streets are horrible in terms of visibility for turning when the opposing lane has a line of cars waiting to turn as well. For this reason, I prefer to turn on streets where they have an added turning lane or advance green.

[BlackZRoadster]

Isn't comprehensive another like $5 for the day?

[JHatta]

Originally Posted by GGnoRE

When my parents got into a left turn accident, the examiner said they look at where the collision occured on the car. If the front bumper of the left turn vehicle is hit, its likely that ICBC will put more than 50% responsibility on the left turn (if not 100%). If the rear bumper of the left turn vehicle is hit, the oncoming car carries some more fault.

OP's car's damage



Using that basis, it looks like it would be 50/50 fault. Sorry to hear about your loss/injuries David, but it looks like you're fucked.

[Expresso]

Originally Posted by JHatta

OP's car's damage

[img][/img]

Using that basis, it looks like it would be 50/50 fault. Sorry to hear about your loss/injuries David, but it looks like you're fucked.

There's very rarely a 50/50, unless you have a witness and prove he ran a Red. Left Turner is always at fault 100%.

I've gone through this before as well and was at fault. Like everybody else, I don't turn left unless I know 100%. I will wait all day.

[NLY]

That "I'm killing it" sticker just screams I'm a tool.

[T4RAWR]

Originally Posted by JHatta

OP's car's damage



Using that basis, it looks like it would be 50/50 fault. Sorry to hear about your loss/injuries David, but it looks like you're fucked.

that'll buff right out

[twitchyzero]

must refrain from the "I'm 'killing' it" joke

[YaKuZa_GS]

Originally Posted by freakshow

Sorry to sound like a broken record.. But if you didn't have collision, why is icbc taking your car and giving you money? Doesn't 'no collision' mean that the other drivers damages are covered, and you're on your own? (no payout, buy they also don't take your car?)

I never even thought about that LOL. I guess since ICBC is paying him for the car and he does not have collision coverage they are offering to pay him salvage value ("pennies"). This could be the only reason I see them paying him for the car.

SpuGen, I guess if you're not happy with the amount they are offering you for the car then you can take it back and try to sell it for more or part it out.

[Marco911]

Originally Posted by smarv

is ICBC paying any of your medical bills? if so just keep telling them your in pain and stall. if they keep having to pay your medical for lets say 1-4 more years they will see that they are losing more money than if they were to give you a higher settling rate and be done with you. But that all depends on if they pay a monthly medical payment for you like physio or chiropractor, if they aren't paying I would try to get compensation for past visits(if any) and start going to something that costs them money a couple times a weeks from now on. if you do that with patience they will cave in with a higher offer. This advice was given to me by an old teacher of mine, so its not from my own experience.

Lying about injuries or the severity of injuries is fraud. A car accident isn't supposed to be a ticket to a big paycheck.

[DouMing]

Originally Posted by bing

^they may consider that, but its not a final determination. The ultimate rule is the left-turner is 100% at fault without evidence. Even if they "applied" more fault to the oncoming car, all he/she has to do to get a reversal in the decision is challenge and escalate the claim with the manager. For these very reasons, I will never ever turn until I feel safe, even if the guy behind me is honking. Two lane streets are horrible in terms of visibility for turning when the opposing lane has a line of cars waiting to turn as well. For this reason, I prefer to turn on streets where they have an added turning lane or advance green.

i totally agree with you, i ALWAYS make sure the oncoming cars have stopped.. don't give a damn about that person behind me.

[belaud]

Originally Posted by Marco911

Lying about injuries or the severity of injuries is fraud. A car accident isn't supposed to be a ticket to a big paycheck.

In this case, it would seem his future body health is already in jeopardy. My friend's knee's are still not bending properly, it also hurts for him to sit at a 90o angle. Its been about year and a half now after his right frontal side collision also from a left turn.

My co-worker who had a straight on collision still has whiplash in his neck, his spinal injury is permanent (he has to sleep on spikes in order for the nerves to not pinch, as well as a flat wooden board + sleeping bag), as well as joint pains during season changes. Its been nearly 2 and a half years for this gentlemen, he still has to go under intense and painful physiotherapy every year or so for a week to lessen his symptoms, even then, not able to sleep properly ever is a slap in the face.

So yeah, thats probably why many people lie about what kind of pain they're experiencing after an accident in order to cash in.

[Marco911]

Originally Posted by SpuGen

Google Maps
Every on coming car stopped. I just got on the throttle and started to turn the wheel. He came flying in where cars are usually parked through the side behind the F250 in the map link. I ended up facing westbound 41st, just in front of the row of cars waiting to turn left. (Civic in the map link)

I'm not trying to cheat the system or milk anything. I was just surprised that I got fucked in the way I did. If you saw the damage pictures from the link posted above, motherfucker didn't even try to stop. He probably would've ended up t-boning someone else if he didn't hit me first.

1) Looking at the link in the pic, it seems like the intersection has pretty clear visibility. The street slopes upward, which would give you even clearer visibility of approaching vehicles.

2) Many people get into accidents making left-turns because left-turners think they have right of way or are forced to clear an intersection when the light turns yellow. Left turners are expected to yield to oncoming traffic so they are almost always found at fault. How is this unfair? Whether the traffic light is green, yellow or red is irrelevant to whether you should make a left turn. Once you are in the intersection, you can make a left turn only when the intersection is clear.

3) Once you are found in an at fault accident, your rates go up. How do you think ICBC pays for the damage/injuries you caused to the other vehicle?