Well, this is how it went down, I missed a cutoff from a highway so took the next street to make a U turn. Signaled for the U turn while the opposite lane was clear and the guy behind me was a good distance away, gave some time and went into the turn. Then halfway through the guy behind me in an RX managed to hit me by my rear driver's side wheel. I believe he was speeding and wasn't paying attention... and with the ice on the road, his car just skated into mine. The damage is to the rear bumper and the back wheel is bent outward by about 10 degrees. His car was barely damaged as his bumper was higher up.

The police officer said it was a 'no fault' situation because of the weather and didn't charge either of us with a traffic violation...however the insurance companies will decide who is at fault. I believe I am not at fault, but this being my first accident ever, I am not sure how it will go down. Tomorrow we will give our statements at the accident reporting centre to decide. This is turning out to be a major PITA and please if you have any idea, you can help me out by telling me how much you think my damages are worth, how long it will take to be repaired, and if you think im at fault or not. As well any other things I should be aware of when I handle the statement? - I really have no idea what to expect as I have been driving for 3 years and the other guy is older but has been driving for about the same amount of time as a new immigrant.

Sorry for the bad quality photos they are from my phone at the scene...

 

If he rear ended you then it should be his fault unless there are some extenuating circumstances. From what you described it sounds like he was either following too close for the conditions or not paying attention, which would both be his fault.

All you can do is give your statement, not admit any wrong doing, and see what they say. Just make sure to stand up for yourself as some insurance companies can be pretty dubious once you actually need money from them.

-Taranis

 

^ This sums it up. I'm not sure the officer made the right call by saying it was a "no fault" accident, as the other driver is supposed to maintain enough distance between cars to prevent a rear ending, regardless of weather conditions.

I imagine you at least have a police report explaining the situation? You never know what BS story the other guy might try to tell.

 

Im cooked, even though the U turn was legal, canadian automobile insurance fault determination regulations state that anyone making a U turn who gets into any incidence is 100% at fault. IE this is what my insurance broker told me... I dont know if there is another way around it, but I always assumed if it was LEGAL I would not be at fault.

Apparently im the bad driver, long story short, DONT MAKE U TURNS EVEN IF THEIR LEGAL... you may be at fault

 

Oh yeah you're in da North...not sure in that case.

I'd just try to argue the other driver was going too fast or following too closely for the slippery conditions.

 

All I can say is im very disappointed in the way this was handled... in canada weather conditions do not factor into fault, which is stupid because in real life they do. He was following too closely for the weather... just got an estimate today to fix these things, without replacing the bumper is about $3800 the bearings and even the driveshaft may need to be replaced

 

Yuck. I wish you luck!

 

After talking to the insurance guys again I may be able to get something more like 50/50 fault, but still its a better option for me to handle this privately considering im a new driver... words cannot express how much this sucks

 

Hopefully, you can get this taken care of quick and cheap. Good luck.

 

I have never heard of an Insurance company given any authority by any level of Government to be able to determine fault on a public roadway.

 

That sux. Hopefully you can get something to help with the cost of repairs.

 

Jackal it seems the insurance company goes with the fault determined by the police. If the cops dont lay fault, the companies use their own rules, and in my opinion they are all in cahoots.

 

that is why my car stays in the garage in the winter !

 

U-turns in Canada aren't really accepted as they are in the US.

In my city (Edmonton) I have yet to see a sign that says you CAN make a u-turn (we only have signs that say NO u-turns). Yet if you're in the US you see signs saying you can.

 

Thats right normally the fault would be given in the incident report with charges laid on the offending driver... however the officer handling my situation could not easily determine who was at fault as the roads were icy and we had no witnesses... he left it as no fault on his report however the insurance companies always have to determine a fault and use their own set of rules in this case... it sucks, if he laid a simple charge of following to closely I would probably be off the hook.