[Vancouver] Car accident Night. Need Advice Please

ENINETY_M3 · 02-01-2009, 01:28 AM

Quote:

Originally Posted by wayway409

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.

Your brother is at fault or at best, 50/50. ICBC loves 50/50. Person who is already in the lane has right of way. Whether your brother mis-judged his speed or that guy didn't see your brother....

wayway409 · 02-01-2009, 01:39 AM

yea that wut i was thinking too...

but somehow, i thought someone who got rear-ended must win all the cases...

its pretty complicated

Quote:

Originally Posted by ENINETY_M3

Your brother is at fault or at best, 50/50. ICBC loves 50/50. Person who is already in the lane has right of way. Whether your brother mis-judged his speed or that guy didn't see your brother....

f30Seth · 02-01-2009, 03:37 AM

I'm sorry, bro. That's why road test intructors always say "You didn't SHOULDERCHECK when you were.." I can never understand how people change in and out of lanes without actually doing the shoulder check unless they have been observing the into-lane for a period of time.

They way I see the accident,
the other driver probably doing 70~80s in his lane. When he was just near your brother's blind spot, your bro changed into his lane. BOOM. I might be biased by my previous experiences in my friends' cars. But This is usually the case almost all the time.

Unfortunate loss for both though. Good luck getting out of it.

jotapeh · 02-01-2009, 09:29 AM

Similar thing happened to me 5 years ago; mirrorcheck, shouldercheck and still got nailed. I was already fully in the lane and the lady let off her horn and then slammed my rear corner. I pulled over immediately. Due to my inexperience, I conceded the ticket. I should not have. It still costs me in insurance to this day, and it will for the next 5 years.

DO NOT EVER CONCEDE TICKETS THAT ARE NOT YOUR FAULT!

ho_grayson · 02-01-2009, 05:07 PM

listen! talk to lawyer first! sounds like police and icbc may cooperate together against your brother!

zuluZero · 02-01-2009, 05:53 PM

Quote:

Originally Posted by ENINETY_M3

Your brother is at fault or at best, 50/50. ICBC loves 50/50. Person who is already in the lane has right of way. Whether your brother mis-judged his speed or that guy didn't see your brother....

"Person who is already in the lane has right of way"

Are you sure?
Is this the view of your insurance adjusters, or the traffic act?

In Ontario, you can find reasons to question this view:
- Drivers must always have care & control of their vehicle, so that they are able to avoid collision with almost any obstacle, no matter how surprising it may be. This is why the person in the rear of a collision is almost always at fault.

- Several laws, including the recent "stunt driving" legislation require you to yield to (or not prevent) traffic attempting to merge or change lanes. Apparently being in a lane does not mean you own it.

- If the vehicle in the rear was speeding, cars ahead may assume they can safely merge into the same lane, when in fact it is not safe. Who's fault is this? Can I drive 30% over the posted speed limit and expect all other drivers to compensate and adjust their judgment perfectly?

There's insufficient information to judge this guy's case, but we can certainly debate the generalizations.

wayway409 · 02-02-2009, 12:31 AM

updated*

335ifanatic · 02-02-2009, 07:28 AM

Sorry dude but like already posted I think it'll be your brothers fault. Good luck anyways with ICBC.

Hedges · 02-02-2009, 08:28 AM

Jumping the 3 lanes part may have sealed your fate no matter how you look at it!

Mr&Mrs323i · 02-02-2009, 10:45 AM

You need a lawyer to discuss this whole problem, as simple as that.

Although I have a witness who saw that the other guy rear ended me I'm still dealing with my case a year later because of injuries me and my wife suffered and are still suffering from. IckBck still treats me unfairly like I'm a scammer, trying to minimize our injuries, despite the fact that we're not at fault and its all because they want to keep costs down so that they'll end up with a nice fat bonus.

alanchan · 02-02-2009, 01:56 PM

I agreed with ZuluZero's comment.
I don't think your brother is 100% fault in this accident.
I've reading on and on and so far, the other party did not try to avoid the accident and he is speeding over the limit within the city.
otherwise your brother car's won't swing 180 degress when hit.

If you cut (change from the most right hand side to the left) safely
(assume your brother did the shoulder blind spot check), any rear traffic in the left lane will have to slow down for you.
fail to do so will hit your rear.
why rear ended by someone is your fault? and you have already driving on that lane.

the witness case does not make any sense.
if the cars are going at 50km/hr where did he stand and watch the accident?
you mean he can see things within a few hundred feet clearly with his eyes from the angel where he is standing?

wayway409 · 02-02-2009, 04:01 PM

lol

i am happy to listen to both negatives and positive comments.

Quote:

Originally Posted by Kit523

ummmmm

wayway409 · 02-02-2009, 04:01 PM

i know my brother maybe 50% or 100% at fault...

thanks for all the comments tho

335ifanatic · 02-02-2009, 05:34 PM

Is your mom road star?

alanchan · 02-02-2009, 05:45 PM

Quote:

Originally Posted by 335ifanatic

Is your mom road star?

why? do road star get special ICBC attention or low faulty rating?

SPACEMANRICK · 02-02-2009, 05:51 PM

Quote:

Originally Posted by alanchan

why? do road star get special ICBC attention or low faulty rating?

Well I think she is going to lose her safe driver discount for her insurance after this at fault accident. They may also look into who the actual primary driver of the vehicle is to determine if it isn't actually your mother.

335ifanatic · 02-02-2009, 06:11 PM

I think road star members have one free accident plus one accident will not affect your rates that bad if you have the highest % for road star.

alanchan · 02-02-2009, 06:18 PM

Quote:

Originally Posted by 335ifanatic

I think road star members have one free accident plus one accident will not affect your rates that bad if you have the highest % for road star.

how do we earn the road star?

335ifanatic · 02-02-2009, 06:37 PM

You need a clean, no faults (accident free) record for 9 years to earn road star. If you go 15 years you'll earn road star gold which means bigger savings and other perks.

Edit:

To obtain road star you need 40%, the highest it goes is 43% which is your discount. ICBC also has a CSR chart which is a claims rate scale. Basically you earn 5% every year you have a claims free record, prior to 2001 it was 10% every year. I'm currently sitting at 35%, I had one very minor accident when I was 20 (i'm 28 now) and I believe it's affected my discount by about 5% because I should have been a road star by now.

oncyte · 02-04-2009, 05:02 PM

So he was fully in the lane when he was hit? Or was he still in the process of changing lanes. If he was already fuly in the lane and was rear ended it's 100% the other driver's fault. If he was in process of changing lanes (doesn't matter how much...if he was even crossing the line a little) it's liable to be 50/50....depending on where in the rear your brother was hit.

I'm not sure of the other factors like the triple lane change.....

Good luck with your case!

02-01-2009, 03:37 AM	#25
f30Seth Futuristic 23 Rep 774 Posts Drives: f30 328i AW Join Date: Dec 2007 Location: Seoul, Toronto iTrader: (1)	I'm sorry, bro. That's why road test intructors always say "You didn't SHOULDERCHECK when you were.." I can never understand how people change in and out of lanes without actually doing the shoulder check unless they have been observing the into-lane for a period of time. They way I see the accident, the other driver probably doing 70~80s in his lane. When he was just near your brother's blind spot, your bro changed into his lane. BOOM. I might be biased by my previous experiences in my friends' cars. But This is usually the case almost all the time. Unfortunate loss for both though. Good luck getting out of it. __________________ 2007 E92 335i Jet Black -RETIRED- 2013 F30 328i Alpine White
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02-01-2009, 09:29 AM	#26
jotapeh Private First Class 1 Rep 153 Posts Drives: Sedona Red 128i Join Date: Jan 2009 Location: Toronto, Canada iTrader: (0) Garage List 2008 128i [0.00]	Similar thing happened to me 5 years ago; mirrorcheck, shouldercheck and still got nailed. I was already fully in the lane and the lady let off her horn and then slammed my rear corner. I pulled over immediately. Due to my inexperience, I conceded the ticket. I should not have. It still costs me in insurance to this day, and it will for the next 5 years. DO NOT EVER CONCEDE TICKETS THAT ARE NOT YOUR FAULT!
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02-01-2009, 05:07 PM	#27
ho_grayson Private First Class 20 Rep 176 Posts Drives: 2008 335i sedan Join Date: May 2008 Location: south surry, B.C. iTrader: (0)	listen! talk to lawyer first! sounds like police and icbc may cooperate together against your brother!
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02-02-2009, 12:31 AM	#29
wayway409 Major 61 Rep 1,299 Posts Drives: F30 335i Join Date: Oct 2008 Location: Vancouver,BC iTrader: (2)	updated*
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02-02-2009, 07:28 AM	#30
335ifanatic Major 51 Rep 1,090 Posts Drives: Revuelto, Urus Performante, X5 Join Date: Jun 2006 Location: Canada iTrader: (1)	Sorry dude but like already posted I think it'll be your brothers fault. Good luck anyways with ICBC.
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02-02-2009, 08:28 AM	#31
Hedges Major General 116 Rep 5,178 Posts Drives: 12 C63 AMG Join Date: Jul 2008 Location: Toronto iTrader: (8)	Jumping the 3 lanes part may have sealed your fate no matter how you look at it!
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02-02-2009, 10:45 AM	#32
Mr&Mrs323i Lieutenant 20 Rep 555 Posts Drives: 2007 323i TiAg Join Date: Jan 2008 Location: Vancouver, B.C. Canada iTrader: (1)	You need a lawyer to discuss this whole problem, as simple as that. Although I have a witness who saw that the other guy rear ended me I'm still dealing with my case a year later because of injuries me and my wife suffered and are still suffering from. IckBck still treats me unfairly like I'm a scammer, trying to minimize our injuries, despite the fact that we're not at fault and its all because they want to keep costs down so that they'll end up with a nice fat bonus.
	Appreciate 0 Quote

02-02-2009, 01:56 PM	#33
alanchan Major 72 Rep 1,402 Posts Drives: 2006 323i Join Date: Jul 2006 Location: Vancouver, BC, Canada iTrader: (21)	I agreed with ZuluZero's comment. I don't think your brother is 100% fault in this accident. I've reading on and on and so far, the other party did not try to avoid the accident and he is speeding over the limit within the city. otherwise your brother car's won't swing 180 degress when hit. If you cut (change from the most right hand side to the left) safely (assume your brother did the shoulder blind spot check), any rear traffic in the left lane will have to slow down for you. fail to do so will hit your rear. why rear ended by someone is your fault? and you have already driving on that lane. the witness case does not make any sense. if the cars are going at 50km/hr where did he stand and watch the accident? you mean he can see things within a few hundred feet clearly with his eyes from the angel where he is standing? __________________ 323i, Arctic metallic , Cream beige leatherette interior , Titanium matt trim , Premium , Auto , 18" style 189 sport wheels , 335i bumper + kidney grills, CF pillars, Chrome window trim package , LCI halogen.
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02-02-2009, 04:01 PM	#35
wayway409 Major 61 Rep 1,299 Posts Drives: F30 335i Join Date: Oct 2008 Location: Vancouver,BC iTrader: (2)	i know my brother maybe 50% or 100% at fault... thanks for all the comments tho
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02-02-2009, 05:34 PM	#36
335ifanatic Major 51 Rep 1,090 Posts Drives: Revuelto, Urus Performante, X5 Join Date: Jun 2006 Location: Canada iTrader: (1)	Is your mom road star?
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02-02-2009, 06:11 PM	#39
335ifanatic Major 51 Rep 1,090 Posts Drives: Revuelto, Urus Performante, X5 Join Date: Jun 2006 Location: Canada iTrader: (1)	I think road star members have one free accident plus one accident will not affect your rates that bad if you have the highest % for road star.
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02-02-2009, 06:37 PM	#41
335ifanatic Major 51 Rep 1,090 Posts Drives: Revuelto, Urus Performante, X5 Join Date: Jun 2006 Location: Canada iTrader: (1)	You need a clean, no faults (accident free) record for 9 years to earn road star. If you go 15 years you'll earn road star gold which means bigger savings and other perks. Edit: To obtain road star you need 40%, the highest it goes is 43% which is your discount. ICBC also has a CSR chart which is a claims rate scale. Basically you earn 5% every year you have a claims free record, prior to 2001 it was 10% every year. I'm currently sitting at 35%, I had one very minor accident when I was 20 (i'm 28 now) and I believe it's affected my discount by about 5% because I should have been a road star by now. Last edited by 335ifanatic; 02-02-2009 at 06:53 PM..
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02-04-2009, 05:02 PM	#42
oncyte First Lieutenant 29 Rep 334 Posts Drives: E92 Join Date: Mar 2008 Location: Vancouver iTrader: (3) Garage List 2007 E92 335i [0.00]	So he was fully in the lane when he was hit? Or was he still in the process of changing lanes. If he was already fuly in the lane and was rear ended it's 100% the other driver's fault. If he was in process of changing lanes (doesn't matter how much...if he was even crossing the line a little) it's liable to be 50/50....depending on where in the rear your brother was hit. I'm not sure of the other factors like the triple lane change..... Good luck with your case! __________________ E46 Retired....................................Project E92 SB 335i
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