Auto Insurance Claims: 50-50 Fault..., fault determination rules, gravel road

Question
Hi - I'd just like to thank you in advance for reading my
question. I really appreciate it.

I was recently in an accident where according to the Rules
of the Road in my Province, the other driver is 100% at
fault. However, according to Fault Determination Rules that
Insurance companies refer to it says I'm 50-50. Basically, I
went to pass a slow ving vehicle traveling 60 km on a 80 km
road (truck with farm equipment attached), and had been
doing so for many kms. I finally get the
opportunity to pass, no oncoming traffic and as I'm just
about to finish passing, the vehicle entered my lane and
sideswiped my car. The driver said he was trying to make a
turn, I did not see a turn signal because he had his four
ways on the whole way. I have a witness who says it how it
happened however he says he saw a signal on the truck. I
have spoke to many police that say he would have
been ticketed for Improper Left hand turn, and Failure to
Yield whether he signaled or not. Also, this was on a
straight, country road where the dividing line was clear to
pass both ways, and
the driver was turning onto a gravel road, so it wasn't even
an intersection.

Insurance has determined 50-50 fault, where I live we have
no fault insurance so .. blah. We told our insurance company
that we are not settling for 50-50, they said they will look
into it, and we have yet to hear back from them.

Basically I'm stuck, hence why I'm replying here. I really
don't know what to do. I was in an accident that I truly
believe I had no fault in and according to the law, I'm not.
I tried to charge the driver after the accident because I do
have a witness, but the reporting officer said they can't do
that, and they can only do that at the scene of the
accident. Is it worth fighting? Is it worth hiring someone
to go to court? Is it possible to cancel my policy and ride
a bike for 3 years so these insurance suckers don't get my
hard earned money/no money since I'm a student, haha.

Any suggestions would be greatly appreciated.

Thanks again,
Laura

Answer
Hi Laura,

This is not worth fighting. Since your only witness states that they saw a turn signal, you have no way to prove that you were not at fault. When you pass a vehicle on the left, you have the greatest duty to use caution. Although The farm truck should have looked before moving left, he has a lesser duty to do so because he has no reason to expect a vehicle to be passing him in the oncomming traffic lane.

The insurance company will make the ultimate decision on liability. If your rates are to be raised, thay can not do so until policy renewal time. In the mean time you can shop arround for another company that may not have as high of rates due to your accident.

I hope this helps
Richard Hixenbaugh