Just an update on my collision last Thursday. Because the other driver is being a dickwad (at last check, anyway) my insurance company is telling me that I may have to accept 50% responsibility for a collision that was 0% my fault. I will not do that.
The problem is that the crash happened in a parking lot where rules are a little less clear than on a street. However, this case is as clear as day – and it’s even spelled out in the Insurance Act which governs all insurance companies under provincial rules.
Here’s a direct quote from the Act, in the parking lot section, 16-3: If automobile “A” is leaving a feeder lane and fails to yield the right of way to automobile “B” on a thoroughfare, the driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at fault for the incident.”
I was automobile B, clearly on a thoroughfare and with 100% of the right-of-way. I will sue him if I have to prevent my rate from going up to a ridiculous amount. But I am still going to stay optimistic and trust in the system. My suspicion is that he hasn’t even gone to the collision reporting centre which, by law, he is required to do within 24 hours. I will find that out next week and proceed accordingly. I can’t imagine a scenario where I will accept responsibility for something that I didn’t do. I’m not going to subsidize the life of a shitty driver at my own peril – my insurance is high enough, thank you.
Fortunately we had some insurers at the World of Motorcycles Expo and I sought the advice of one whom I know and trust. He gave me the right terminology to use if I want to escalate my claim and the key phrases to use such as “ombudsman”. Every insurance company has one. He also said that if I don’t pressure them, they may not put in the effort required so I have to stay on them like an angry puppy on a pantleg. Stay tuned.