Auto Insurance Claims: Left turn 100% fault in Ontario, insurance act, insurance laws


Question
I live in Ontario Canada. I was struck in the read quarter panel of my car while making a left turn in a signaled intersection by a truck that changed lanes from the turning lane to oncoming to rush a yellow light.

Because I'm turning left I have been deemed 100% at fault no matter if I was hit from behind by a last minute lane changer.

I have been told I can disregard the insurance company and sue them as the court uses  "ordinary rules of law" and not the insurance act "Detemination of fault."

Is this true? Does the court pay attention to details the insurance company does not?

My insurance company A big bank starting with R, is being totally ignorant about it. In another province a good friend of mine was determined 100% at fault and after 2 years of lawyers was determined 0%. It appears insurance dodges the most expensive party unless they sue?

Answer
Hi Jeff,

Being in the U.S. I am not specifically aware of the insurance laws and procedures in Canada. However, based on your description of the accident, I think you should be able to at least get a split liability decision. That means that the judge may find each of you a percentage at fault. Then you may be able to recover at least a portion of your damage from the other driver.

I hope this helps
Richard Hixenbaugh