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[Vancouver] Car accident Night. Need Advice Please
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01-30-2009, 03:06 AM | #1 |
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[Vancouver] Car accident Night. Need Advice Please
Hello all,
i got a late call tonight that my brother was involved in an accident. Bascailly my brother was driving the other bimmer out and headed to Macdonald to get some food. When my brother is leaving from the driveway, he cutted 3 lanes slowly to turn left. After he finished cutting 3 lanes, (around 8-10 seconds), a car (Brown) guy hitted him hardly that pops the airbag out and the whole rear is gone. The car spinned 180 and stayed at the original lane. After few mins, the cop came and gave me brother a ticket (saying that the witness saw my brother cutting lane and considered as a dangerous action), to me how can a cop fcuking able to give ppl ticket if he didnt see the case happen??? The witness claimed that she saw my brother changing 3 lanes and use the rear to hit the brown guy's car (hows that possible?) At the end, the other guy was sent to hospital claiming that his neck was hurting (his car air bag didnt come out) and thats it. So guys, any advice for my brother? should we find a lawyer since he was claiming that his neck is hurting and the stupid witness?...I felt sorry for my brother because the police is there just to get himself some tickets for this month. Please help, any advice will be helpful, i will keep you guys updated UPDATED #1 : My family has contacted some lawyers and insurance guys....bad news is I cant drive my 328 because both insurance is under my mom's and my mom doesnt let me drive anymore until this shit is over........DAMN...... *my brother is going to do check-up and dispute ticket tomorrow. UPDATED #2 : My father will be coming this Tuesday and will be staying for a month. Also, he will be driving my E92 328 around.....-_- anyone see a 328 with black roof that will be my father =_=............................................... ..............* anywayz, the appointment has pushed to Friday. Last edited by wayway409; 02-02-2009 at 12:31 AM.. |
01-30-2009, 03:49 AM | #2 | |
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01-30-2009, 05:43 AM | #3 |
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ICBC most likely will say ur brother at fault due to the ticket+witness, u should get a lawyer and try to prove the guy speeding/drunk driving? dunno, good luck anway.
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01-30-2009, 02:05 PM | #6 |
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sorry to say but your bro might be screwed.
i witnessed an accident a number of years ago (lady ran a very late yellow/red light at an intersection and a guy jumped the early green at the same time- basically t-boned her) even though he hit the lady, she was deemed at fault because she was driving recklessly. as soon as the witness to your bro's accident gave their statement, that pretty much sealed his fate. you can contest the charge in court (and i'd suggest getting a lawyer if you do) but the last time i heard anything about the accident i witnessed, it was 4 years after the fact and nothing had been resolved, just lots of legal fees and wasted court time. good luck.
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01-30-2009, 02:34 PM | #7 |
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wow sorrry to hear dat bud... yea i would say talk to a lawyer first and see wut they sa
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01-30-2009, 03:40 PM | #8 |
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I suggest your bro talk to the ICBC case adjuster nicely, ask about the consequences of such a situation. Maybe it's just paying for the ticket and a hundred dollars more for insurance for the next five years. That's not too bad.
Maybe accuse the other driver of speeding. If both cars were moving at normal speeds the damage wouldn't be so great. And then the other guy has to prove he wasn't breaking the law as well. Maybe get 50% fault out of that. |
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01-31-2009, 02:16 AM | #10 |
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wow, tell ur mom to be fair, u r not the one who got in the accident .... so why cant u drive. lol
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01-31-2009, 02:53 AM | #11 |
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well i understand lol
cuz if my car is in accident, my mom will lose the fight but... the main concern is i have an appointment with advance to install my springs, hope they will understand. |
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01-31-2009, 02:58 AM | #12 |
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its hard...i have a friend who was stopping behind a UPS truck and the truck reversed and hit his front bumper but when the police came the truck driver say my friend rear ended him and the police actually took his words without any investigation..there was a witness but he decide not to talk to icbc or police so he was 100% at fault...
sometimes i thought doesnt police have to be neutral and do a conclusion after investigation? like your case, doesnt the cop have to investigate first before taking anyone's words?
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01-31-2009, 02:59 AM | #13 |
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01-31-2009, 03:06 AM | #14 |
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Why would the witness lie to the police?????...........your brother crossed 3 lanes in 8 to 10 seconds??? did he have a stopwatch or was that his "estimate".....maybe your brother's memory or story doesn't jive with reality. I feel sorry for the other driver that your brother hit with his car not for your careless brother
By the way, why does it matter if the other guy your brother hit was brown, white, or yellow? |
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01-31-2009, 07:57 PM | #15 |
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He's screwed. Your brother was reversing, the other car was going forward. The guy going forward always has the right of way that's why your brother got a ticket; case closed! I've had this argument with ICBC before.
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01-31-2009, 08:04 PM | #16 |
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01-31-2009, 08:11 PM | #17 | ||
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after his brother changed into the lane that he needs to be in........8-10 secs gone by a car rear ended him i dunno what is up with the witness.....as i heard from the OP...he said the witness is not anywhere near the accident place..... why would u judge someone careless .....are you there in the scene?...u see the whole story behind it? i mean come on......he is the guy getting rear ended! |
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01-31-2009, 08:25 PM | #18 |
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Don't know how things work out in B.C., but from multiple experiences... here's how it works in Ontario:
1) Insurance fault and legal fault are completely exclusive. The insurance company's determination of fault may be influenced by a police report, but it does not have to be the same. 2) If a police officer comes to the scene of an accident, he will almost always issue one driver a ticket. He could even issue both drivers tickets. This can be looked at as a worst case scenario as a lack of evidence, a sympathetic prosecutor, or a half decent lawyer will be able to reduce or even drop the charges. 3) A car going straight has the right of way. When you say your brother took about 10 seconds to cross three lanes, I'm sure the implication here is that the other driver had plenty of time to see the car and slow down or stop, to avoid a collision. Unfortunately, if he was going straight, and your brother turned in his path, the other driver will most likely never be found at fault. |
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01-31-2009, 11:11 PM | #19 |
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It's the only way the story makes sense. How can you be moving forward, making a left hand turn and still get rear ended. lol.
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01-31-2009, 11:53 PM | #20 |
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Thanks for all the help guys.
btw fanatic, to be simple. my brother cut lane from the right to the left lane and then the other guy car probably was going really fast and didnt see my brother and rear ended my brother's car. ** However guys, the funny part is the other guy was alright after the accident, being very calm and copy all the information and give information to the cops, and then all of a sudden we walked to the medic and say "ARGH, my neck hurts really bad now, i think i have to go to hospital" Last edited by wayway409; 02-01-2009 at 12:12 AM.. |
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02-01-2009, 12:12 AM | #22 |
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