[dark0821]

I put a spoiler tag on my original post... so It doenst take up half a screen. Update BELOW



hey revscene,

once again I need some help and advice.

long story short

i got into an accident on Thursday April 12, 2012 @ 1:19pm around 3188 kingsway

I was traveling straight west bound on kingsway in the left-most lane (black box) while a grey lexus ES350 changed lane into me (redbox). at the time a witness came forward as you can see in the 6th photo.

we didnt called the police, but i did call ICBC right at the scene, while the witness, me and the other party are all present.

So i went to the claim center on monday, expecting to get the estimate and so on....

well surprise surprise, the other party said that i changed lane into them which was absurd -.- i was like WTF

so i told my adjuster what did the witness say? surely he would of cleared my name... and the adjuster was like we tried contacting the witness but so far a contact can not be established...

now i am like WTF, yaya i know i should get a dash cam... but now i feel like i am fucked...

what can i do in my situation to make sure ICBC tries their hardest to reach the witness? and what if it does end up being 50/50, how can i fight that judgement....

thanks revscene, any help in this situation will be greatly appreciated.

Btw my damage estimate came out to $3100...



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UPDATE GUYS:
STRAIGHT FROM MY GMAIL

Dear Mr. Shen

Just wanted to let you know we spoke with the witness and confirm the other vehicle will be 100% responsible for the accident.

Therefore, I will waive your deductible and follow up with a letter to say the same.

Thank you
Best regards

thank you everyone for all the support and help!!! definitely learned a lot from this ordeal.

To everyone who told me to have the witness information, the truth is, I have the witness name, phone number, DL# AND current address. It is that the moment i contact the witness before ICBC, their statement becomes invalid! I was warned by my adjuster. So thats why I held out.

Anyways, I just called my witness, told him I will take him out to lunch this weekend. Even though he did it out of his kindness! But he saved me big time. 2 times he stopped what he was doing, He stopped to give me his info at the scene, and also he stopped to call ICBC back when he heard the voice mail! He wasted his time to help ME which does not benefit him in anyway or form!

Thanks EVERYONE I just feel super lucky and over joyed to be in this situation!

[Sky_High]

Did you copy down the witness' info yourself?

[k3mps]

did you go into the stores and asking if any employees or management saw the accident?

[godwin]

There is nothing you can do now. You should not have pulled over and park until you at least have a photo.. It is for your own side of the argument. Stop where you were hit/ point of impact and get out.. ignore the people honking etc.

When it is another party at fault, I used to get a piece of paper out and get them to sign to admit they are at fault right there and then.. with the License # etc. Witnesses are hit and miss... also ICBC alot of the times call without CallerID, so they get blocked.

Unless you have other information if it is 50/50 I don't think you can argue to 100%. Something you just have to live and learn.

[bottle]

What's unfortunate is, given the situation and how you've explained it, it would appear reasonable for you to have merged into her as she is in your blind spot, but for her to merge into you doesn't seem to make much sense.

Did you get the witness' contact information? You might be better off trying to get a hold of them yourself.

Judging by the photos though, it would appear that the Lexus stopped much earlier than you did. I would imagine that they were not moving nearly as fast as you were and were able to stop upon impact. This may be valid for your argument.

Had you merged into them, you would have been the one without the streak.
My points may be invalid though.. Sort of thinking these up on the spot, but perhaps you can look into the physics a bit more assuming the witness doesn't have your back.

EDIT
+1 on the pen, paper, and signing with information. But the time has passed for that now.

[dark0821]

i do have the witness info, but i cant contact them... so FUUUU

ya i know.. shouldve just stopped where i was... Fuck i was stupid -.-

thanks guys... there were moving alot slower... -.- sigh...

[ruthless]

As mentioned above try and contact the local businesses if they have any video footage of the incident(doubt it though)
Also in regards to ICBC, if it is deemed a 50/50(in this instance it will be unless witness steps forward) there is not much you can do, even if you hire a lawyer it is your word against theirs, unless you can get the witness to give their statement.
In regards to the witness try not to settle, or accept the 50/50, until the witness gives his/her statement. Tell your adjuster that you will not agree to the claim until they get a hold of the witness, and if they cannot, then you yourself should and ask them to call in, or write a written statement(don't do this right away, maybe after a month or so of failed attempts from ICBC)...
Also a heads up, if you decide not to accept the results of the "fault investigation" then this will delay your vehicle repair; ICBC will not approve repairs until the fault has been established and you agree to it.

Ruthless & Associates Inc.:smug:

[|<e|_]

Imo odds aren't looking good for you...she seemed to have suffered more front end damage...making it seem like she was riding your blind spot and you changed lanes into her even though that isn't the story...

Gl bud! I actually happened to get into an accident as well on thursday at 1:45 but good thing i had a dashcam...time to invest and prepare for any future accidents.

[godwin]

Things you can learn. I assume the Lexus driver is Asian, most of the time they are not confrontational especially they are at fault. So if you leave the car blocking the road with all the cars honking and yelling.. it provides them with a bit of "extra" incentive to sign anything you give them for you to go away.

Just a bit of psychology will help you go a long way.

Why white out their Lexus's license plate? I would just leave it as it is, it is not your car:whistle:

i do have the witness info, but i cant contact them... so FUUUU

ya i know.. shouldve just stopped where i was... Fuck i was stupid -.-

thanks guys... there were moving alot slower... -.- sigh...

[LuHua]

Not sure how sharply they were turning, but did you happen to notice if their front tire left any marks on your car?...

[dark0821]

well not to stereo type...
but it was an asian mom (at least she is at that age where she sould be a mom)
driving a grey lexus ES350
with a LV bag, and a white Ipad 2 to take all the photos and my info... -.-

the photos i posted were taken by my iphone -.-

[yot065]

well i hope you get the justice you deserve, but just looking at the impact, no way could you have turned into her and receive damage in that area.. its like dented in, not scratched going a distance like you guys both rubbed in opposite directions :suspicious:

damn asian drivers :suspicious:

[vyrospec]

had similar accident before but other guy was coming out of street parking space. around same type of damage. hope that witness will be contacted. gl man

[GGnoRE]

Dude, when that shit happens you have to get multiple witnesses man (or not move your car at all).
Similar shit happened to me where the fucker made 100% contradictory statement to mine in the claim. My only witness came forward, but apparently his opinion was not valid. ICBC said his line of sight was not 100% clear blah blah blah. At the time of the accident the witness claimed he saw everything and was willing to make a statement. I did not discuss or ask the entire scenarios because that can be deemed as educating the witness according to ICBC.
Outcome came to 50/50 but even that I had to be thankful for because the examiner at ICBC said in the report that the opponent's claim was more plausible (major wtf in my position). I feel very bad for you but I am afraid your going to have to accept 50/50... I hope your witness comes forward and fucks that asshole over bigtime.

[GabAlmighty]

How do you not see a massive hunk of metal in the space where you intend you move your vehicle into... Some people, hope it works out for ya man.

[dark0821]

thanks guys.. defiantly made a lot of mistakes....

but what has passed cant be changed... i guess i will go around and ask the shop for witnesses -.- FUUU -.- sigh....

[mb_]

Wasn't your fault man, only thing you did wrong was not take a picture where the accident happened. Good luck, I hope the witness will call in soon. I hate lying scumbags.

[Klobbersaurus]

if u look at the point of impact, u could tell u were riding in her blind spot cuz if she was saying you hit her, how could you miss the car directly beside you, she probably didnt check her blind spot and if she did, the window tint in the rear of the vehicle + her c-lai visor made your car invisible to her thus turning into your car

[LuHua]

^Uhh, you sure you got that right? OP's in the SUV, not the Lexus with the front end damage. Blind spot's a little behind and to the side, the Lexus was in the OP's blind spot and somehow ended up turning into an SUV that should've been in plain view...

[The_AK]

if u look at the point of impact, u could tell u were riding in her blind spot cuz if she was saying you hit her, how could you miss the car directly beside you, she probably didnt check her blind spot and if she did, the window tint in the rear of the vehicle + her c-lai visor made your car invisible to her thus turning into your car

I've been in the completely same position. Some C-lai with her daughter in the car switched lanes into me, clearly tire marks from her car turning into my car but icbc said since no witnesses they couldnt establish who was at fault. 50/50. Whats worse is that I received a letter saying shes claiming injuries too. F'n bullshit I swear. Good luck OP

[melloman]

:rukidding: She was probably playing on her iPad2 and not concentrating on the road.. c-lai's :fuckthatshit:

[Klobbersaurus]

dont forget to ask for cell phone records just incase she was talking on her phone at the time

[iceburner]

It's things like this that makes me want to get a dash cam.

[mbrodie]

Remember (this goes for everyone) YOU the driver need to get the witness's phone number for YOURSELF.

DON'T rely on other people, and DON'T rely on Icky Bicky to give you the witness's phone number - they won't give it to you - and these parties won't think twice about withholding information from you.

Icky Bicky wants to cover their own butts, sometimes with actions (withholding) regular folks like us find pretty astounding. I have seen this happen so many times.

Withholding the witness's phone number is the number one game - and let's face it - if "they" get to "manage" the witness's statement, they will "manage" it. Understand?

Don't be surprised if what the witness told you on the scene is different, if not a lot different, after Icky Bicky or your other driver's lawyer, is done talking to them.

THEREFORE... ALWAYS... Do your own legwork and see if you can't find the primary witness, if not additional witnesses, back at the scene. You snooze, you lose.
___________________________________
I put the truth on facts, simple and plain.

[dark0821]

THANKS GUYS, situation updated in original post!

[k3mps]

http://www.myfacewhen.net/uploads/165-everything-went-better-than-expected.png

[Retrac]

Congrats! Always awesome to hear a happy ending

[Slifer]

Congrats! I hope ICBC charges that motherfucking cunt with fraud..

[LuHua]

Congrats! Check out the dash cam thread if you're going to consider one after this haha. The BlackVue's a good one =]

[UFO]

So aside from embarrassment and shame (which I doubt the other party has little of), is there any consequence to the other party that flat out lied about the accident? It's not like the situation was one that could have gone either way, the other party reversed what actually happened to try and get off. It would seem some sort of punishment by ICBC for false testimony can discourage this sort of behaviour.

[GGnoRE]

There should be a big fucking penalty for this. If not, why wouldn't anyone lie in their claim?

[GLOW]

So aside from embarrassment and shame (which I doubt the other party has little of), is there any consequence to the other party that flat out lied about the accident? It's not like the situation was one that could have gone either way, the other party reversed what actually happened to try and get off. It would seem some sort of punishment by ICBC for false testimony can discourage this sort of behaviour.

i remember asking my buddy who works there and he said the fact they lied goes on record but he didn't go in any further detail what that does.

i'm thinking it might help them with future decisions where credibility is put in to question.

[dark0821]

To everyone who asked, I talked to my adjuster, unless I am willing to sue the other party in small claims court, other than that, they will just get recorded in their history, but nothing more can be done...

[RicePanda]

To everyone who asked, I talked to my adjuster, unless I am willing to sue the other party in small claims court, other than that, they will just get recorded in their history, but nothing more can be done...

I'd lawyer up just to fuck with that lying sack of shit. That is, after consulting with my lawyer if there is legal ground to do so. Fuck people like that.