What to do? First Accident

[bobor]

I was driving along a residential street recently (at the speed limit) when I struck the side rear of a car that was backing out. I tried to stop but the ground was moist so we did collide.

The street had an unusually large number of cars parked outside, his car was a dark burgundy and, as mentioned, it was drizzly

There's a palm to fist-sized dent to my right front fender as well as his rear fender (his bumper was dislodged as well). Surprisingly there are no paint scratches on my dent.

The whole family came out and was really nice but they were insisting that we look after this on our own and not get insurance involved. His idea was that we each just take care of our own damage and call it a day since it looks like the cost would be about even.

What should I do in this case? Who was at fault?

Would those paintless dent repairers work here?

10+ years of driving and this is my first accident
:

[iluvmikeharris]

I was driving along a residential street recently (at the speed limit) when I struck the side rear of a car that was backing out. I tried to stop but the ground was moist so we did collide.

The street had an unusually large number of cars parked outside, his car was a dark burgundy and, as mentioned, it was drizzly

There's a palm to fist-sized dent to my right front fender as well as his rear fender (his bumper was dislodged as well). Surprisingly there are no paint scratches on my dent.

The whole family came out and was really nice but they were insisting that we look after this on our own and not get insurance involved. His idea was that we each just take care of our own damage and call it a day since it looks like the cost would be about even.

What should I do in this case? Who was at fault?

Would those paintless dent repairers work here?

10+ years of driving and this is my first accident
:

Are you in Ontario?

Based on your description, the other party was 100% at fault.

You should exchange insurance information, go to the collision reporting centre, and report to your insurance company. Your property damage will be paid for by your own company, but assuming you are not at fault your deductible is waived and you won't face a surcharge. Unlike the other party, you have NOTHING to gain by avoiding insurance here.

[spf1971]

The person backing onto the street would be at fault in an accident like this. If they don't want to go through insurance that's fine, but they should be paying for your repairs as well.

[Jucius Maximus]

The person backing onto the street would be at fault in an accident like this. If they don't want to go through insurance that's fine, but they should be paying for your repairs as well.

Interesting, I would not have thought of it like that.

I'm not saying you are wrong here, but how would the person backing out be at fault? I could see if he backed into the side of the OP's car, he would be at fault. But if the OP drove into the side of the other guy's car, it means that car was already in the street and OP should have seen it. Where is my logic wrong on this?

[GoiNGPoSTaL]

Interesting, I would not have thought of it like that.

I'm not saying you are wrong here, but how would the person backing out be at fault? I could see if he backed into the side of the OP's car, he would be at fault. But if the OP drove into the side of the other guy's car, it means that car was already in the street and OP should have seen it. Where is my logic wrong on this?

Because like left turns you have to make sure the way is clear.

[iluvmikeharris]

Interesting, I would not have thought of it like that.

I'm not saying you are wrong here, but how would the person backing out be at fault? I could see if he backed into the side of the OP's car, he would be at fault. But if the OP drove into the side of the other guy's car, it means that car was already in the street and OP should have seen it. Where is my logic wrong on this?

That's why you should NEVER ADMIT FAULT to the other party, you never know.

7. (1) This section applies when automobile “A” collides with automobile “B” while automobile “B” is entering a road from a parking place, private road or driveway.(2) If the incident occurs when automobile “B” is leaving a parking place and automobile “A” ispassing the parking place, the driver of automobile “A” is not at fault and the driver of automobile“B” is 100 per cent at fault for the incident.Rules for Automobiles Travelling in the Same Direction and LaneO. Reg. 276/90, s. 6.

www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

[spf1971]

Interesting, I would not have thought of it like that.

I'm not saying you are wrong here, but how would the person backing out be at fault? I could see if he backed into the side of the OP's car, he would be at fault. But if the OP drove into the side of the other guy's car, it means that car was already in the street and OP should have seen it. Where is my logic wrong on this?

Because the person on the street has right of way and the person exiting the driveway has to yield to traffic on the street. They have to ensure that they can enter the traffic safely and must wait until it's clear to do so. Otherwise, so long as I can get my car in front of yours any accident would be your fault. Can you imagine the chaos if that was the rule.

Here is a case that is somewhat similar (deals with a pedestrian instead of a second vehicle) but the vehicle coming from the driveway was found 100% at fault. http://lawbroker.ca/blog/?p=73

Here is a handbook from the Insurance bureau of Canada http://www.ibc.ca/en/Legal/documents/claims_agreement_amendment_jan_2002.pdf. There is a chart showing all sorts of accidents and who is at fault. The chart showing a person pulling from a parking spot into traffic (pg 10 box 4) is 100% at fault in all of the cases they show.

[help_questions]

OP, call the insurance company RIGHT NOW.

[engmsf]

What to do? Stop driving all together and take public transit. :cheesygri

After going through an accident a few years ago, I now leave an old digital camera in my car at all times just in case for exactly this kind of thing. The insurance process will go much more smoothly/quickly with clear evidence. Just make sure you believe you are not at fault if you go through your insurance.

[Menace]

Are you still living in the 90s ?:cheesygri :D

Does your cell phone have the camera? It isn't perfect, but it does the job.

After going through an accident a few years ago, I now leave an old digital camera in my car at all times just in case for exactly this kind of thing.

[Jucius Maximus]

Are you still living in the 90s ?:cheesygri :D

Does your cell phone have the camera? It isn't perfect, but it does the job.

Many people have jobs that do not allow them to carry cameras! I cannot carry a camera (cell phone or otherwise) into work due to security requirements for military projects.

[engmsf]

Are you still living in the 90s ?:cheesygri :D

Does your cell phone have the camera? It isn't perfect, but it does the job.


LOL yes my cell phone does have a digital camera. Now I have both just in case one fails. :lol:

[untaka]

I always recommend not going through insurance, seriously why do people recommend this? Your rates will just go up! Then you gotta pay the BS deductible. Talk to the person and see if they will make a deal for repairs, avoid insurance at all cost its not worth dealing with scam artists.

[BlizzardNeon]

Interesting, I would not have thought of it like that.

I'm not saying you are wrong here, but how would the person backing out be at fault? I could see if he backed into the side of the OP's car, he would be at fault. But if the OP drove into the side of the other guy's car, it means that car was already in the street and OP should have seen it. Where is my logic wrong on this?

Actually the guy backing out of his drive way is at fault cause your not suppose to back out of any driveway/parking spot dew to the fact if you get in a accident its your fault cause its harder to see when backing out rather then driving out.... And also the the car backing up was failing to yield to oncoming traffic which is what the charge would be if the cops were called.

[Tiberius]

If the accident is accurately described, it sounds like the OP is not at fault (by insurance rules). I also think the other driver knows this and is hoping it just goes away because you fear insurance also. They are the ones at risk of having their insurance rates go up (possibly a LOT).

So... if you want to be "nice" - call them and offer to let them pay for your damage and avoid insurance. If they don't seem 100% agreeable or if you get even the slightest feeling they may not pay up - immediately report to insurance and the nearest accident reporting center. You have nothing to lose as you were not at fault.

As a general rule - I think everyone should learn the insurance rules for determining fault. If you don't know them well, it could cost you *many* thousands in costs you could have avoided. If you rear end someone causing minor damage - if you quickly offer to pay that person to make it go away, you will almost certainly come out thousands ahead over making an insurance claim for something that will costs hundreds of dollars to fix, but will cost thousands in future insurance premiums (not to mention that if you were to have another at fault claim in the next 5-7 years - you likely will lose your insurance completely or face paying $10,000+ per year for insurance!).

Know the rules! Protect yourself and be responsible for your actions and it can save you a lot of $$. If the other party is at fault, give them the *brief* opportunity to make you feel comfortable they will take care of things for you - or utilize your insurance. No point risking things with someone privately if they aren't clearly "afraid" of the ramications of using insurance. (in other words - they should be afraid if they were at fault... they should be *begging* to pay you.... if they aren't... they are fools and you may as well protect yourself and let them pay the inflated insurance rates).

Of course, legally, you have to report all accidents to insurance so that is naturally what I would do...

[ES_Revenge]

Interesting, I would not have thought of it like that.
:confused:

Then how would you have thought of it??? :confused:

Seriously think about it like this. So you're saying I can drive out of my driveway (forward or backward) and have not a care in the world who is coming down the road and if they hit me it's their fault??

C'mon now, use some common sense!

[help_questions]

I always recommend not going through insurance, seriously why do people recommend this? Your rates will just go up! Then you gotta pay the BS deductible. Talk to the person and see if they will make a deal for repairs, avoid insurance at all cost its not worth dealing with scam artists.

I think this is a case for insurance because the guy reversing suggested just each fixing their own cars and calling it a day. That is not right, the prick is probably trying to see if he can convince the OP that he has some fault. A person at fault will willing offer to fix your car.
Based on that conversation, I don't think the guy will agree to fix the OP's car, end if he does, he may try to screw the OP somewhere down the line. So to be safe, and proactive, I feel that the OP should call insurance ASAP.

As for me, I will always, always, always go through insurance, unless I am at fault. Actually, at this day and age, I will go through insurance even if I am at fault.

[bobor]

OP here, stupid thing is, I didn't get the other party's Policy number (mostly due to shock - hands were still shaking). Is that going to be an issue?

[help_questions]

OP here, stupid thing is, I didn't get the other party's Policy number (mostly due to shock - hands were still shaking). Is that going to be an issue?

if OP does not have any info, and ends up getting screwed over, it would be because it was his (her?) first accident and was also taken advantage of/conned by the guy reversing. If that turns out to be the case, they he should post all the guy's info on RFD, and let nature take its course.

[iluvmikeharris]

Collison was in Ontario and OP was not at fault, so:

This is wrong:

Your rates will just go up!

And so is this:

Then you gotta pay the BS deductible.

[help_questions]

OP, how long ago was the accident?

[bobor]

OP, how long ago was the accident?


Yesterday. Does that matter?

[help_questions]

[quote]OP, how long ago was the accident?[quote]


Yesterday. Does that matter?

it might matter.....i remember hearing something like 24 hours to report an accident, but i don't know for sure......hopefully someone does.

[help_questions]

read this to start:

http://www.gov.on.ca/ont/portal/!ut/p/.cmd/cs/.ce/7_0_A/.s/7_0_252/_s.7_0_A/7_0_252/_l/en?docid=STEL02_162308

[untaka]

Collison was in Ontario and OP was not at fault, so:

This is wrong:



And so is this:

He will have a claim against him, he now has to answer "Yes" to being in an accident. His rates will go up I don't see why they wouldn't. Also he DOES have to pay a deductible if he has one, when my car got broken into they didn't cover me because my deductible was just a little higher then the amount.

So really what is the point?

[BlizzardNeon]

If the accident is accurately described, it sounds like the OP is not at fault (by insurance rules). I also think the other driver knows this and is hoping it just goes away because you fear insurance also. They are the ones at risk of having their insurance rates go up (possibly a LOT).

So... if you want to be "nice" - call them and offer to let them pay for your damage and avoid insurance. If they don't seem 100% agreeable or if you get even the slightest feeling they may not pay up - immediately report to insurance and the nearest accident reporting center. You have nothing to lose as you were not at fault.

As a general rule - I think everyone should learn the insurance rules for determining fault. If you don't know them well, it could cost you *many* thousands in costs you could have avoided. If you rear end someone causing minor damage - if you quickly offer to pay that person to make it go away, you will almost certainly come out thousands ahead over making an insurance claim for something that will costs hundreds of dollars to fix, but will cost thousands in future insurance premiums (not to mention that if you were to have another at fault claim in the next 5-7 years - you likely will lose your insurance completely or face paying $10,000+ per year for insurance!).

Know the rules! Protect yourself and be responsible for your actions and it can save you a lot of $$. If the other party is at fault, give them the *brief* opportunity to make you feel comfortable they will take care of things for you - or utilize your insurance. No point risking things with someone privately if they aren't clearly "afraid" of the ramications of using insurance. (in other words - they should be afraid if they were at fault... they should be *begging* to pay you.... if they aren't... they are fools and you may as well protect yourself and let them pay the inflated insurance rates).

Of course, legally, you have to report all accidents to insurance so that is naturally what I would do...


I wish everyone had that look at stuff like this it would make everything so much better....

I had someone back into my show car while I was driving home from the paint shop after getting a new custom paint job and Vinyl put on it... The guy payed for it to be fixed out of his pocket no insurance company and it was a costly fix too.

[iluvmikeharris]

He will have a claim against him, he now has to answer "Yes" to being in an accident. His rates will go up I don't see why they wouldn't. Also he DOES have to pay a deductible if he has one, when my car got broken into they didn't cover me because my deductible was just a little higher then the amount.

So really what is the point?

1. If his rates go up, it means everyone's rates in his class went up. If you are at fault, that's when you would see a surcharge over and above the standard rate.

2. Regarding your break-in, you are comparing apples to oranges, so yes you would be subject to the deductible if you claimed. We're talking not-at-fault collisions here, not theft.

[xstatik]

OP, call the insurance company RIGHT NOW.

AVOID INSURANCE AT ALL COSTS! They will find a way to make it your fault. If you can agree to a deal, go for it.

[thelefteyeguy]

AVOID INSURANCE AT ALL COSTS! They will find a way to make it your fault. If you can agree to a deal, go for it.

lol

[help_questions]

AVOID INSURANCE AT ALL COSTS! They will find a way to make it your fault. If you can agree to a deal, go for it.

so you hit the OP's car......

[iluvmikeharris]

AVOID INSURANCE AT ALL COSTS! They will find a way to make it your fault. If you can agree to a deal, go for it.

So you're saying they will have the Highway Traffic Act rewritten? Get real and stop spreading your ignorance.