[vafanculo]

I parked behind a row of cars illegally, and while I was in the bank my girl called from passenger seat saying car infront backed up hard and hit our car leaving a crack on bumper.

Whose at fault? 50/50? Also my girl was complaining of neck pain. What happens if we go through icbc?

Thx in advance
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[PJ]

I'd assume you'd be at fault for parking where no cars are supposed to be parked.. did he hit and run?

[vafanculo]

No we stayed and chat. We are talking privately now but just want to see other options
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[LenovoTurbo]

Still go through ICBC but pay out on your own and your premiums won't raise.

[Shun Izaki]

I'd assume you'd be at fault for parking where no cars are supposed to be parked.. did he hit and run?

this.

friend of mine parked inside some weird marked off area in metro parking lot, car got side swiped, and he was at fault, even though it's private property.

[bloodmack]

i think the word illegaly pretty much sums it up there..

[ruthless]

was the car that hit you also parked illegally?
and dont mean to stir up a commotion but neck pain from such a low impact? was she wearing her seatbelt?

If both of you were illegally parked then probably 50/50, if only you were illegally parked and he wasn't it could be 75you/25him or they may give him full blame for not checking his surroundings etc. when backing out...and like stated above go to icbc whether or not you want to settle privately, especially if ur gfs neck is hurt...even if its not, its still a good idea to report it if in the future the other person doesn't pay you...

[MindBomber]

If OP claims the car was idling, since his girl was sitting in the car at the time of impact, would that effect the ICBC ruling?

[PJ]

There's many ways to look at it.. this is an interesting one.

Yes, the person who hit OP should've checked his surroundings..
But what they're probably gonna give you is "bottom line - you shouldn't have been parked there at all."

OP, how were you parked illegally?
And I don't mean to offend.. but I'm wondering how your gf's neck get injured.. I'd imagine she'd feel more impact going on a rollercoaster.

[valent|n0]

my friend's car also got hit when park in a no parking zone (residential are with the no parking sign)
ICBC ruled that if your car is park or complete stop ... whoever hits it is in the wrong.

the hitter argue that its my friend's fault because it is a no parking sign.. but ICBC grant 100% fault to the hitter anyway..

so he got the repair free

[littledog]

From my understanding the person who hits a stationary subject (i.e. OP's car in this case) is at fault.

[Eff-1]

ICBC will say it's the other guy's fault. He was the one backing up when it wasn't clear. The illegal parking won't affect the decision.

Someone's gotta say it though: if you hadn't parked illegally in the first place, you wouldn't now have to go through the hassle of getting your car repaired and having a claim on your record.

[dangonay]

I'm pretty sure the car that's backing up will be considered 100% at fault. You are responsible for making sure the area behind you is clear when reversing.

You'd have to be a complete idiot to assume "gee, the area behind me is not normally used for parking, so I can just go ahead and back up whenever I want to and the area will be clear".

[yellowpower]

Wait so what did you and the other guy settle on?

[vafanculo]

thanks for your input guys. il update on friday after its all settled

[jlenko]

I'll say it: your girl is a wuss. Or an insurance cheat, your pick.

[FerrariEnzo]

tell your GF to go to doctors, if its from the accident (which i doubt) then talk to ICBC too

[Lomac]

I'll say it: your girl is a wuss. Or an insurance cheat, your pick.

I hate to say it, but he's pretty much right. A very low impact accident will not cause enough soft tissue damage to warrant any sort of injury claim. As well, that sort of pain doesn't manifest for a couple days after the accident. When I wrote off my car (and it was powerful enough to sheer off the front right side of the car), I wasn't feeling any sort of pain until three or so days later.

[buddy]

my bet is 50/50 ..

[VR6GTI]

You were parked behind them and your vehicle was backed into so that person will be at fault. Doesn't matter if you were parked illegally behind them.

[InvisibleSoul]

For those that are arguing that because a car is parked illegally, they will always be at fault in an accident?

Sweet!

I'll just find any car that's parked illegally and start ramming it on purpose... I won't be at fault, right? :troll:

[Phil@rise]

You gf was complaining of neck pain from your car bein backed into...... really?
Aside from that joke its the other guys fault you were stopped in park the other dude was moving his car and not paying attention and he hit you. The parking situation is irrelevant and the most you deserve is a parking ticket and ICBC doesn't hand those out that would be up to any attending police or bylaw enforcement.

[Jayhall]

parking lot accidents always go 50/50 from what Ive heard.

[bloodmack]

i remember i was backing out of a stall once and this guy besides me started backing out right after me before i was fully out and so when i went to turn out i scraped his door, they found me 100% at fault.. so no parking lot accidents arent always 50/50.

[Jayhall]

one thing for sure is ICBC will fuck you every chance they get. I got rear ended by a semi truck and somehow its 50/50

[vafanculo]

For those that are arguing that because a car is parked illegally, they will always be at fault in an accident?

Sweet!

I'll just find any car that's parked illegally and start ramming it on purpose... I won't be at fault, right? :troll:

Lol, that's what I first thought. Buy a beater and go cruisin' for illegally parked cars.

Anyways, update:

100% other party fault
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[VR6GTI]

parking lot accidents always go 50/50 from what Ive heard.You heard wrong

one thing for sure is ICBC will fuck you every chance they get. I got rear ended by a semi truck and somehow its 50/50
again not true :alone:

[Jayhall]

You heard wrong


again not true :alone:

yes I did hear wrong, thats why I didnt make a statment as if I knew.

and I guess your right, I am wrong about the events in my own life. If you think ICBC wont fuck you over when they get a chance open your eyes and wake up from your fancy little dream world. give them the chance they will take it for one simple reason: It saves them MONEY!

[VR6GTI]

Everytime i have had to deal with ICBC they have been nothing but fair.
Your choice of words towards a company is unfair to them :)

[Jayhall]

Everytime i have had to deal with ICBC they have been nothing but fair

before July I would have agree'd with you. What Ive found is they will be fair when they have to. If you have a witness, or a strong legal case ect. I was rear ended by a semi truck, and because he only damaged the left tail light and surrounding area they have given me 50% of the blame, because the entire rear end of my car wasnt damaged. I didnt have a witness, the guy left the scene of the accident. Yes, a hit and run and I have somehow been found partially at fault. My choice of words is justified, in my opinion of course. Lets not argue, just trade opinions like adults

[jlenko]

one thing for sure is ICBC will fuck you every chance they get. I got rear ended by a semi truck and somehow its 50/50

Jayhall is Revscene's answer to the Vicki Gabereau ads.

All bullshit aside.. the Demystifier stuff on ICBC's website is pretty good reading. Too bad it's not in Chinese.. :haha:

[racerman88]

Still go through ICBC but pay out on your own and your premiums won't raise.

that is the best route

[Soundy]

parking lot accidents always go 50/50 from what Ive heard.

Absolutely untrue.

My sister was driving through an apartment parking lot once, bimbo in another car backed out of a spot and right into the side of sis's car. Bimbo was deemed 100% at fault for backing out when it wasn't safe to do so.

Kicker was, sis was driving our grandfather's '67 LeSabre... bimbo was driving a Civic. Back end of the Civic was demolished... front fender of the Buick barely had a scratch :)

[MindBomber]

before July I would have agree'd with you. What Ive found is they will be fair when they have to. If you have a witness, or a strong legal case ect. I was rear ended by a semi truck, and because he only damaged the at left tail light and surrounding area they have given me 50% of the blame, because the entire rear end of my car wasnt damaged. I didnt have a witness, the guy left the scene of the accident. Yes, a hit and run and I have somehow been found partially at fault. My choice of words is justified, in my opinion of course. Lets not argue, just trade opinions like adults

There must be more to this story than your letting on, not trying to say that in an insulting way, that just doesn't make sense to me. I thought that in a rear end collision the car in back was always 100% at fault?

[shantz]

doesn't matter where you're parked - If you're not moving it's not your fault.

If you go through ICBC they shouldn't find you at fault.

[umpadupa]

Just to give u guys a heads up that there is NO way 2 pay a claim back that has bodily injuries. Basically u cant pay off the claim. Ur stuck with ur discount going up.

and if ur gf complains about pain. i would report it. but think about how many cases adjusters go through a day, they know that at worst ur gf would prob need painkillers and a day or 2 of rest. If u start pullin bullshit, ICBC will come back at you for lying.

just my 2cents

[littledog]

Just to give u guys a heads up that there is NO way 2 pay a claim back that has bodily injuries. Basically u cant pay off the claim. Ur stuck with ur discount going up.


That is not entirely true. If the claim is settled before you renew your insurance, you can pay back the claim without losing your discounts. But the problem is most injury claims take more than 1 year to settle. You will most likely have to renew your insurance before you can pay back the claim. Once you lose the discount you cannot go back. That's why in 99.9% of the cases injury claim is not paid back by the party that's at fault.

[umpadupa]

That is not entirely true. If the claim is settled before you renew your insurance, you can pay back the claim without losing your discounts. But the problem is most injury claims take more than 1 year to settle. You will most likely have to renew your insurance before you can pay back the claim. Once you lose the discount you cannot go back. That's why in 99.9% of the cases injury claim is not paid back by the party that's at fault.

actually thats not true at all. once an "injury" claim has been made, the claim is deemed non-payable. What u said is only true for damages 2 the vehicles with no injury to a person during the claim.

yes most injury claims take anywhere form 1month - 2.5yrs to settle. BUT the person at fault for the accident has already been charged with it. The discount will be deducted from that person on their next renewal without a chance of pay back.

[littledog]

actually thats not true at all. once an "injury" claim has been made, the claim is deemed non-payable. What u said is only true for damages 2 the vehicles with no injury to a person during the claim.

yes most injury claims take anywhere form 1month - 2.5yrs to settle. BUT the person at fault for the accident has already been charged with it. The discount will be deducted from that person on their next renewal without a chance of pay back.

That was based on what an adjuster told me a few years back. Maybe things have changed? :confused:

All in all go with what your adjuster/ICBC says.

[umpadupa]

LOL lots of shit has changed. Icbc updates every month LOL cuz ppl making claims alway finds loop holes.

Yes listen 2 ur adjuster, but becareful what u sign.

[Gumby]

Maybe your gf's neck pain is from something else? ;)

[Edison_Chen]

Bodily injury (BI) is considered an KOL code 21. I would say about 99.9% of claims that have bodily injury, aren't not payable. The remaining 0.1% can be payable. There are claims that are paid back even with BI.

As for the crs discount: If it has never affect any previous polices in the past, and assuming no bodily injury, the customer can always pay the claim back to keep their discount.

[vafanculo]

Maybe your gf's neck pain is from something else? ;)

lol. lets not go there.

so il give a lil update..

100 % other guys fault. since its a low velocity accident, icbc said they wont pay out any money, other than to reimburse for medical treatment.

In my wifes case her neck really did hurt, and the doctor told her to take 1-2 weeks off work. Still hurts. So we got a lawyer.

And this really wasnt a little bump. the lady reversed pretty hard and cracked the front of my car. it was a clai in an suv for those wondering.

just keep in mind it doesnt take much, even a little jerk can cause neck and shoulder pain. when dealing with icbc remember the claim adjuster will act nice, but are out to screw you out of any money. so my advice, if you dont feel 100%, dont accept NO for an answer.

[AccordCouped]

goodjob

[geeknerd]

quick question
low velocity accident = icbc no pay?
or is it because the cost to fix your bumper is lower than the person's deductible?

[vafanculo]

quick question
low velocity accident = icbc no pay?
or is it because the cost to fix your bumper is lower than the person's deductible?

Not exactly sure what the criteria for low velocity. It could be a combination of low speed, small amount of damage, or either.

If that's the case, they will only pay to fix the vehicle and any medical expenses incurred. Only problem is, they only take the vehicle into consideration, not anyone possibly hurt.
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[Jayhall]

There must be more to this story than your letting on, not trying to say that in an insulting way, that just doesn't make sense to me. I thought that in a rear end collision the car in back was always 100% at fault?

thats the jist of it, in a nut shell. To expand a little more it was in traffic where two lanes merge into one from nordel onto the Alex Fraser. Guy in the truck was trying to not let me go on my turn to go, he started driving into my lane so I got out of his way. I was clear out of his way fully in the lane when he rammed me on purpose. I pulled over to exchange information and he left the scene of the accident. 50/50 somehow??

[Soundy]

There must be more to this story than your letting on, not trying to say that in an insulting way, that just doesn't make sense to me. I thought that in a rear end collision the car in back was always 100% at fault?
Not so.

It may be the case 99% of the time, but there are exceptions... like if someone swings unexpectedly into your lane and you hit him.

Case in point: I was heading down Kingsway westbound, coming up to Victoria. I was in the left lane coming up to a stale red, no cars between me and the stop line, and five or six cars lined up in the middle lane. I was slowing down, but not too much because I knew the light was about to change, and I had a good six or seven car lengths before the intersection.

Well, idiotstick in a Jetta at the back of the line in the middle lane decided to change lanes right in front of me, only he did it really quick and got straightened out the instant before I smacked into his rear end despite slamming on my brakes...

ICBC determined it was 100% my fault, according to the adjuster, because I'd hit his rear bumper square-on. He told me if I'd hit the end or corner of the Jetta's bumper, it would have shown that he cut me off and was still on an angle, but because I hit it straight-on, that indicated I should have had enough time to brake and avoid him. :failed:

[dai3yuen]

Bodily injury (BI) is considered an KOL code 21. I would say about 99.9% of claims that have bodily injury, aren't not payable. The remaining 0.1% can be payable. There are claims that are paid back even with BI.

As for the crs discount: If it has never affect any previous polices in the past, and assuming no bodily injury, the customer can always pay the claim back to keep their discount.

Sounds like you have a RACFID

[dai3yuen]

thats the jist of it, in a nut shell. To expand a little more it was in traffic where two lanes merge into one from nordel onto the Alex Fraser. Guy in the truck was trying to not let me go on my turn to go, he started driving into my lane so I got out of his way. I was clear out of his way fully in the lane when he rammed me on purpose. I pulled over to exchange information and he left the scene of the accident. 50/50 somehow??

So it's not just a rear-ender, it's a lane change with a rear-ender. I'm assuming that your car was at an angle so when the other person hit you only 1 side was damaged?

[Edison_Chen]

Sounds like you have a RACFID

hehe I do... do you work there too?