OHTA.ca

A friend following a slow moving 18 wheeler carrying tomato's was turning from a two lane road onto a two lane road, car decided to pass her and collision occured.

And it is her fault??

What should she do? Pay for damages to other vehicle and hope insurance doesn't go up? Noticed that someone said insurance company view this as 50/50 at fault but would like someones opinion.

Personally going to notice where I look from now on, geesh, it's automatic how I look when turning going to revisit and make sure I am doing it right. Plus it makes alot of sense to move to oncomming lane (without traffic) and slow down there rather than inlane and risk cars behind deciding to pass.

Cheers and thanks for replies

Here's the actual fault rules: http://www.ibc.ca/en/car_insurance/docu ... -rules.pdf

Fault determination varies depending where/how the accident occurred. If your friend was turning at an intersection, she's only 25% at fault. If it was a private road or driveway, 50% at fault. The only way your friend would be fault free is if there were several stopped vehicles behind her when the person decided to overtake.

thankyou for quick response

my wording and definitions might be confusing me

talked to police, different officer, he said ticket always issued to person making turn

looking at insurance rules, it's 10(5) driver A turning at intersection of two roads, no stop sign on main road driver B hits driverside

what does 25% at fault mean?

does insurance go up?

The Highway Traffic Act and Insurance Fault Rules aren't always consistent. Quite often the driver making the turn will be charged under the HTA, though the other driver may be found at fault under insurance rules.

I was under the impression that 25% fault will not result in a rate increase, but I could be wrong. 50% fault will result in an increase.