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got into an accident today, no witness = 50/50?
thebigbea55
06-02-2009, 09:02 PM
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..
bimmer91
06-02-2009, 09:07 PM
more details please
In a situation like this it's gotta be somebody's fault.
Raid3n
06-02-2009, 09:12 PM
what intersection, going what direction, what colour were the traffic lights. draw pictures if you think they will be legible.
TOPEC
06-02-2009, 09:14 PM
did she have stop sign? which intersection was this?
if there wasnt a stop sign, then it would be treated as 4 way stop which i assume she arrived first or at the same time as u, she has the right of way
if she had the stop sign then it's obviously her fault.
thebigbea55
06-02-2009, 09:25 PM
did she have stop sign? which intersection was this?
if there wasnt a stop sign, then it would be treated as 4 way stop which i assume she arrived first or at the same time as u, she has the right of way
if she had the stop sign then it's obviously her fault.
wow so many replies already... i had the green light when i was going straight.. it was near lansdowne mall where that mcdonalds is..
what intersection, going what direction, what colour were the traffic lights. draw pictures if you think they will be legible.
my friend said if no witness, we can say whatever we want so hard to win..
ELITE_TRAYUNZE
06-02-2009, 09:26 PM
I think he means he got to an intersection with traffic lights on every side. His light was probably green, he went straight through. Lady drove up to traffic light going perpindicular to him but is taking a right turn at the traffic light. Her light is obviously red, but she can take a right turn if the way is clear. The way obviously isn't clear as this guy is driving through. They collide. If this is the case, then it would be her fault.
That's what I think he's saying.
thebigbea55
06-02-2009, 09:29 PM
I think he means he got to an intersection with traffic lights on every side. His light was probably green, he went straight through. Lady drove up to traffic light going perpindicular to him but is taking a right turn at the traffic light. Her light is obviously red, but she can take a right turn if the way is clear. The way obviously isn't clear as this guy is driving through. They collide. If this is the case, then it would be her fault.
That's what I think he's saying.
yup.. tha'ts about it... but with no witness, pretty much hard to prove who is right or wrong??? my whole side of the car was damaged.. her car was only the front left bumper..
Inaii
06-02-2009, 09:33 PM
how is it possible that in that busy part of richmond, there were NO witnesses?
quasi
06-02-2009, 09:38 PM
Wouldn't they make it her fault? I mean they'd pretty much have to argue you ran a red light to place any blame on you. You're driving straight and she's the one who is to proceed when it's clear. I had an accident exactly like this 10 years ago, 100% the car making the turns fault.
Timpo
06-02-2009, 09:40 PM
kinda off topic, but just for the future you should look into this.
you would've been saved this time too.
http://www.revscene.net/forums/driving-recorder-t566442.html?t=566442
TOPEC
06-02-2009, 09:41 PM
the lady can be a bitch and turn the story around and claims he ran a red or late yellow which will deem to be his fault i believe.
but if the lady sticks to the story that she turned on a red, then its 100% her fault.
InvisibleSoul
06-02-2009, 09:51 PM
Yeah, the only way you could even be partly at fault is if she argues you ran a red light, because otherwise the onus would be on her to make sure it's clear before turning right. Hope she's stupid and decides to use some other argument instead...
quasi
06-02-2009, 09:55 PM
the lady can be a bitch and turn the story around and claims he ran a red or late yellow which will deem to be his fault i believe.
but if the lady sticks to the story that she turned on a red, then its 100% her fault.
Ya, that might be the case. This shit anoys me so bad I can't stand people who lie when in an accident.
I think the problem is many parents don't do a good job of teaching their kids morals, right and wrong and how to take responsibilty for actions. I'm far from perfect and I make mistakes from time to time, I never ever place the blame on others. If I fuck up at work I'll be the first one to admit it is my mistake and do whatever I have to do to fix it. I work with people who will pass the buck every chance they get, I hate this quality in people. I'm ranting now but seriously shit happens, when it's your fault own it. [/rant]
mas604
06-02-2009, 09:58 PM
I had a similar situation in my supra...I was driving straight through an intersection and some hindu lady decided to do a left turn and we collided. ICBC found it was her fault...in most cases it's the person whos turning that gets screwed. You have right of way as your going straight.
Mancini
06-02-2009, 10:11 PM
It's sketchy if there aren't any witnesses. It becomes your word versus hers. She simple needs to say that you ran a red and it becomes 50/50.
It's sad that most people construe a red light to mean "proceed with caution" when they are turning right. It means coming to a full stop. Nothing less.
Hopefully, she does say that you ran a stale yellow. That would mean her light was red and she would be completely at fault for failing to stop and/or yield.
Amuse
06-02-2009, 10:26 PM
how is it possible that in that busy part of richmond, there were NO witnesses?
There got to be witnesses. It's just they don't want to get involved or they don't care.
orange7
06-02-2009, 10:29 PM
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..
enough is said.
ilvtofu
06-02-2009, 10:40 PM
start posting notices around that area to get witnesses,
Also if u know any friends in that area (sneaky sneaky, RS members probably know tons of ppl in richmond neways) say they were biking by or walking past etc, when they saw it.
Marco911
06-02-2009, 11:41 PM
There is no way ICBC will fine you at fault even if you ran a red since the damage is to the SIDE of your car. She pretty much drove into you.
ELITE_TRAYUNZE
06-03-2009, 12:08 AM
Originally Posted by thebigbea55 View Post
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..
enough is said.
Agreed. You win, provide that evidence and she is at fault 100%
boatcaptain
06-03-2009, 01:06 AM
u shudve fone the cops whn the accident happened
AzNightmare
06-03-2009, 01:37 AM
This is such a silly incident. Honestly.
I mean I had an accident before and anyone with any sense of logic and understood physics, could of easily figured it out. But I got the 50/50 anyway.
yup.. tha'ts about it... but with no witness, pretty much hard to prove who is right or wrong??? my whole side of the car was damaged.. her car was only the front left bumper..
I wouldn't even need to hear the testimony. The damage says it all.
Fact: Lady's car has damage on her front bumper. OP's car has damage on the side of his car. Conclusion: Lady driver basically T-boned him.
:rolleyes:
I mean I don't know... she can say you ran a red, but the fact is she still turned into you. So if you were running a red, then conclusion is, she purposely ran into you despite seeing the intersection wasn't clear... so wtf?? Either way, it doesn't make logical sense on her side...
scheng924
06-03-2009, 01:50 AM
they'll rule it's her fault for sure
Evolutionian
06-03-2009, 02:56 AM
sometimes ICBC can look at the way the car is damaged to sort of re-picture the moment it happend, i had the same incident where i was going straight on green, and some lady turning left on opposite direction and hit me, damage was in my left front fender and for her it was the whole front bumper, ICBC some how came to the conclusion base on the fact she was turning and the point of damage.
i dunno how they came to the conclusion about the point of damage.. but they got their ways thru.
ryugeeh
06-03-2009, 04:05 AM
They will rule her fault for sure. She has to wait for clear before she turns right.
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..
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
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
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
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
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.
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.
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.
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
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.
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
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
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).
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.
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
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
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..
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
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..
ilvtofu
06-29-2009, 05:21 PM
Rs mock witness crew? :haha:
WHEYsted
06-29-2009, 07:16 PM
Post pics.
thebigbea55
06-29-2009, 09:51 PM
here is a picture of the damage.. i just can't believe it's 100% my fault.. i was gonna let it go with 50/50 even though it's 100% the other party's fault.. the judge said it's 50/50 but suddenly changed now..
http://img10.imageshack.us/img10/2294/img0100xvt.jpg
sTi-K
06-29-2009, 09:56 PM
here is a picture of the damage.. i just can't believe it's 100% my fault.. i was gonna let it go with 50/50 even though it's 100% the other party's fault.. the judge said it's 50/50 but suddenly changed now..
http://img10.imageshack.us/img10/2294/img0100xvt.jpg
how is it 100% ur fault? what exactly did the judge say?
thebigbea55
06-29-2009, 10:51 PM
how is it 100% ur fault? what exactly did the judge say?
well.. when i was at the court, she said it was 50/50 cause both of us can't prove what was the light and who had the right of way..
but got the letter today saying it's 100% my fault.. called my adjuster and all she said the judge can't find any evidence who was at fault... maybe i have to appeal now
Meowjin
06-29-2009, 11:38 PM
The right turner has to ensure that noone is running a red, and that the intersection is clear. The intersection was not clear and she smashed into you.
It's 100% percent her fault.
classified
06-29-2009, 11:44 PM
i got in a accident on satarday on 16th just coming off of sw marine, tried to drift the turn and failed and ended up goin into the meridian and when the cops came i got a ticket, i hope no rsers saw that
TekDragon
06-30-2009, 11:25 AM
I cannot stress enough: Disposable camera.
If it involves an intersection, pics of the lights if they are still the same as when you had the collision, then pics of witnesses, cars, people involved.
I did this, the person at fault dropped all of their "witnesses" when I told ICBC I had pics of people who were at the scene.
post pics of the twanger who hit u
pitabread
07-09-2009, 12:15 AM
The right turner has to ensure that noone is running a red, and that the intersection is clear. The intersection was not clear and she smashed into you.
It's 100% percent her fault.
I agree with this! it's actually in the MVA... if she plays if off as she had a green light she would loose regardless because the intersection was not clear before proceeding.
just my personal experience,
i was on #3 road going straight, a car turned right while i across the intersection, the light was yellow (for me going straight), she assume that I will stop, but I didn't as I was too late to stop. She turned out, and I hit her. no witness, 100% her fault.
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