OHTA.ca

Hello,

I have been involved in the accident where it looks like that at fault will be 50/50. Comes down to he said - she said scenario. No witnesses either.

When requesting a copy of accident report from CRC, are there different types of reports that you can get?

I know there is just basic, one sheet document, but can you get a report with both parties statement and copy of officers notes when he was taking the statements?

And 2. What is the ruling as other vehicle didn't remain at the scene, but they did locate it shortly after?

Thanks.

The first report is the one page you get at the scene, it has the basic information on it with the parties involved. The full accident report can be obtained from the police department for around $40, that one has the driver statements and basic diagram as well as a pile of other info (those numbers down the side of the report). Normally it is the insurance companies who request the full copy. The first copy is for the drivers to give to their insurance people who then request the full accident report.

You will only get the officers notes if a charged person requests notes for disclosure.

The 2nd part depends on different factors such as how the police located the vehicle, did the other person involved call it in or was a hit and run called in then the police found it...You need more details on that one to know what the next should be...if the person was trying to evade the police then a criminal charge could / should be laid (left the scene of an accident with intent to escape criminal or civil liability)

Insurance ruling on 50/50 is independent of the charges that police lay, as far as I know, although they will review the police report.

For example, let's say you ran a red light and the other person, with a green light, hits you. You would be 100% at fault for the accident. But let's say as soon as the other person hits you (even though it is your fault), they back up and leave the scene and the police track them down later. I do not know the answer, but am asking a question here... in this case would you still be 100% at fault (from insurance perspective), even though the other person failed to remain at the scene? I would think that yes you are still 100% at fault, even if the other person gets charged with failing to remain.

Great information, thank guys...

That is the reason why I would like to see full report and find out if the other car was found or they came back. I know that police arrested somebody as well from other vehicle...

jsherk wrote:Insurance ruling on 50/50 is independent of the charges that police lay, as far as I know, although they will review the police report.

For example, let's say you ran a red light and the other person, with a green light, hits you. You would be 100% at fault for the accident. But let's say as soon as the other person hits you (even though it is your fault), they back up and leave the scene and the police track them down later. I do not know the answer, but am asking a question here... in this case would you still be 100% at fault (from insurance perspective), even though the other person failed to remain at the scene? I would think that yes you are still 100% at fault, even if the other person gets charged with failing to remain.

The fault determination rules apply to the immediate circumstances that caused the accident.

Now if you were to admit fault in the police report, then the insurance company will go on that alone and assign you 100% fault. If the other person fails to remain that is a separate charge.

Since everyone seems to "remember" that the accident was the other drivers fault, the other driver who fails to remain in the absence of other evidence will be far less credible even if they genuinely did not cause the accident.

The fault determination rules do not apply if you are not at fault but charged are laid for impaired, or were speeding 16 over. So in these situations if an impaired driver/speeding is in an accident that the rules would ordinarily have determined were caused by the other driver, then through common law some degree of fault can be applied to the "innocent" driver.