Advice needed – Involved in a collision | GTAMotorcycle.com

Advice needed – Involved in a collision

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Krime

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On my way home while riding my bike along york mills, there was a stopped tractor trailer in the right lane of 2 lanes + a right turning lane. Traffic was backlogged quite a bit as a result. As I approached the stopped tractor trailer, I watched a car a few ahead of me go in the gap between the back of the truck and the curb into the right turn lane to make the right turn. I used this lane lane as well to go around the truck (which turned out to be stuck being towed by another tow truck). As I approached the light, it went green and I began to accelerate and went to move back into the middle lane as I passed the truck at the start of the intersection... As I did so, a car in the far left lane made right turn in front of me. I slammed on my brakes but couldn't stop in time and collided with the side of his front end (by his front wheel). I learned at that moment that other cars were turning from the far left lane to make the right turn, as they weren't sure if they could make the squeeze into the right turning lane behind the stopped tractor trailer.

I'm kicking myself for not anticipating this. We exchanged info and went our separate ways. My fairings are scratched, and the left turn signal was torn off in the collision. I went to the collision reporting centre in Richmond Hill on my way home, and the officers weren't sure about reporting a motorcycle, and then mentioned that even though I was claiming no injuries, they would have to call a cruiser over to have them take a look at me. This confused me, why would another officer have to come to the CRC? When they found out the collision happened in North York, they then told me I have to go to the location in Scarborough and gave me their details. I have 24 hrs apparently.

In the meantime, I was contacted by the M3 driver and told he's going to the collision reporting centre in the morning, and spoke with his friend who's an officer and was told that I'll be found 100% at fault. He was telling me he's giving me an out to pay for the damages outside of insurance, otherwise he's calling my insurance to report it tomorrow morning, and he has a witness (a nice women who stopped to make sure I was alright –*she shared her contact details with both of us). He's claiming that if I go through insurance I'll be screwed. I know in this scenario I need to go through insurance, especially as the cost of repairs will be high for his car.

I'm trying to figure out the best course of action moving forward. Should I contact my insurance tomorrow morning before going to the collision reporting centre or do the reverse order? I was hoping to take in the car in to the reporting centre as I'm not in the mood to ride again tomorrow, but I'm not sure if I can do this. I'm also concerned that they'll have an issue with the left turn signal being inoperable.

Advice appreciated.
 
If Im understanding it correctly, you are definitely not 100% at fault.

It sounds like the guy is fear mongering you to try and make you pay out of pocket so he avoids an at fault /partial fault collision on his record.

I would go through with insurance but wait for the insurance guys to chime in to give you a better answer.

Edit: just read the end as well. I have no idea on the process or the CRC and what not so I can't chime in on that.

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"As I approached the stopped tractor trailer, I watched a car a few ahead of me go in the gap between the back of the truck and the curb into the right turn lane to make the right turn. I used this lane lane as well to go around the truck (which turned out to be stuck being towed by another tow truck). As I approached the light, it went green and I began to accelerate and went to move back into the middle lane as I passed the truck at the start of the intersection... As I did so, a car in the far left lane made right turn in front of me."

Hrm. I don't know how this plays out in court. Sort of sounds like incorrect use of a turning lane on your part (perhaps an HTA 182(2) - failing to obey signs -- violation, but BMW-dude proceeded to make a right turn when the way wasn't clear (maybe an HTA 141(5)). I don't think you're 100% at fault but your insurance company might see it differently.

Guy in the Bimmer sounds like a ******. I'd go through insurance.
 
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Just to be clear, you were in your own lane, or you shared a lane with the truck? And if it was your own lane, was it a right turn only lane or a through lane? But in the end, I don't imo see how this is 100% your fault. Just my opinion, though.

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Joe Bass said:
Just to be clear, you were in your own lane, or you shared a lane with the truck? And if it was your own lane, was it a right turn only lane or a through lane? But in the end, I don't imo see how this is 100% your fault. Just my opinion, though.

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Click to expand...

I was in my own lane, but it was a right turn only lane – although it doesn't appear to be marked as such.
 
I'd go through insurance. At the very least it will be 50/50 fault. You were both doing something you shouldn't have been doing in an incorrect lane however he turned infront of YOU which makes me feel like the driver may be held at fault.

I just went through a bike accident and I can confirm that the insurance will want the Police report A.S.A.P. so get that sorted quickly.

The police shouldn't have an issue with you riding with a busted signal. That's what hand signals are for. If you are unsure you can always call the collision reporting center first and ask them. ("Is it ok to ride my bike there to report the accident with a busted signal?")

I strongly urge you not to pay out to the BMW driver. He is definitely trying to bully you. Don't listen to him.
 
Krime said:
I was in my own lane, but it was a right turn only lane – although it doesn't appear to be marked as such.
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Where did the actual physical collision take place? Where you back in the middle lane by then or still in the right turn lane?
 
Guy made a right turn from the second left-most thru lane? I highly doubt you're 100% at fault regardless of what his pseudo cop says. Go to a collision centre and have your say.
 
Sorry am I reading what you wrote correctly, you went into the right turn lane to get around the truck and trailer being towed, but not to turn right, as you approached the intersection you decided to go straight thru, if that is so then you made a wrong decision, if you were in the right turn lane you should have been turning right, now the other guy was in a straight thru lane, could not use the right turn lane to turn right so he used the thru lane and as he got past the truck and trailer made a right turn, sounds like a valid turn, I am also assuming that the truck and trailer were at a stand still and not moving at the time of your incident ?
 
He's not calling your insurance company - that's for them to sort out. He sounds like a dick.
 
slowbird said:
Where did the actual physical collision take place? Where you back in the middle lane by then or still in the right turn lane?
Click to expand...

I'd shifted into the right part of the middle lane, at which point I saw the car veering in front of me. I slammed on the brakes and veered right to avoid him which might have brought me more into the right turn lane on impact. Not sure. Technically we were in the beginning of the intersection at that point.
 
GateKeeper said:
Sorry am I reading what you wrote correctly, you went into the right turn lane to get around the truck and trailer being towed, but not to turn right, as you approached the intersection you decided to go straight thru, if that is so then you made a wrong decision, if you were in the right turn lane you should have been turning right, now the other guy was in a straight thru lane, could not use the right turn lane to turn right so he used the thru lane and as he got past the truck and trailer made a right turn, sounds like a valid turn, I am also assuming that the truck and trailer were at a stand still and not moving at the time of your incident ?
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Correct, however I didn't decide to go straight through after moving into the right turning lane, it was always planned that I'd get back in the middle lane again after the stopped truck (which turned out to be two including the tow truck). The trucks were not moving. Having watched the car ahead of me fit through the gap and make the right turn, I wasn't expecting cars from the left lane to be turning right. Again, I'm kicking myself for this.
 
Krime said:
I'd shifted into the right part of the middle lane, at which point I saw the car veering in front of me. I slammed on the brakes and veered right to avoid him which might have brought me more into the right turn lane on impact. Not sure. Technically we were in the beginning of the intersection at that point.
Click to expand...

So you were back in the proper lane (middle lane) when you noticed the impeding vehicle approaching from your left.
You started to brake and turn evasively to the right but couldn't avoid the collision.
Your vehicles collided because he cut in front of your path.

Stick to that ^^^ and you should be alright.
 
York Mills and Silverdale heading eastbound.

That "right turn" lane isn't a right turn lane. It is a bus bay for the TTC stop there. If a bus is stopped for loading/unloading, it is far enough back that traffic can go around the front of the stopped bus to make the right turn. https://www.google.ca/maps/@43.7569...4!1sse3Dwf1hXSael-Ai12eRpw!2e0!7i13312!8i6656

There are a couple of wrinkles. You using the bus bay as a through lane may or may not be seen as being proper. Either way though, there is an argument to be made that you you failed to exercise due caution in getting around a disabled vehicle, and in doing so you changed back into the right-side through lane directly in front of the tow truck without first ensuring that the way was clear.

The same argument about changing lanes without ensuring the way was clear could apply to the car as well. It will come down to who was more into the lane first. If no way to confirm, look to 50% at fault attributed to each.

Whether that translates into 100% fault or 50% fault makes no difference as far as potential effect on future insurance rates. Where it may make a difference is in the percentage of deductible that you have to pay if you have collision coverage, or in the amount of damages that the insurance company may pay to repair your bike under your DCPD coverage if you do not have collision.
 
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Very much appreciate the input. Thank you.

I do not have collision coverage on the bike, but do have 1 time accident forgiveness which I'm hoping will help out in this case. I just switched insurance companies after being with statefarm for over a decade.
 
Iirc right turn only lane needs to be marked with a sign to be valid.

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Quick question, I'm heading out to the collision reporting centre in Toronto. When I fill out the paper work and speak with the officer, should I give them the witness details of the lady that stopped? I know she is the witness the other driver is referring too that he's going to use. At the scene, he was conversing with her. She did make the comment that she heard me accelerate from the other side of the truck, at which point I said I did accelerate as the light was green, but not quickly. I thanked her for stopping as well, and when she was giving her name and number to the other driver, she made a point to say, here's the details for BOTH of you.

I tried calling her last night but it went straight to voicemail. She was in the car behind the M3, making the same right turn behind him. I'm unclear on what her viewing distance was, but I'm imagining she couldn't see much with the truck to the right, although she must have seen the collision.

Should I include her information in the report or not? I'm leaning towards yes, since she provided me with her details as well, even though I'm unclear of her full story.
 
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