Can I sue my insurance company?

[mxs]

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At the end of the day, the insurance company is a private entity, they can offer protection on whatever terms they wish subject to some limitations. So if they want to to interpret something at fault in their eyes, there really isn't anything you can do other than change companies.

Yes, true, voting with our wallet is a choice we have, until you find out that all of them are doing the same. Which means no choice as far as this matter goes and rather requirement to fix this by regulation (I hate regulations in general, but not when they are done in an interest of fairness for the masses). You have to admit that it is border line lunacy if police rules no-fault, but an insurance company says screw that, at-fault, show us the money.

 

[turbodish]

You have to admit that it is border line lunacy if police rules no-fault, but an insurance company says screw that, at-fault, show us the money.

No, it's not lunacy. There are different levels of culpability, criminal, regularory, civil. Just because you fell short of criminal (CC) or regulatory (HTA) culpability doesn't mean that you weren't driving or riding stupid. You've simply avoided reaching the necessary threshold level or evidentiary availability required to support prosecution.

With insurance companies, fault comes down to a balance of probabilities. If a crash wasn't caused by some other operator's error, then the cause defaults to being your error, whether that be an error of deliberate commission or an error of careless omission.

 

[OpenGambit]

Yes, true, voting with our wallet is a choice we have, until you find out that all of them are doing the same. Which means no choice as far as this matter goes and rather requirement to fix this by regulation (I hate regulations in general, but not when they are done in an interest of fairness for the masses). You have to admit that it is border line lunacy if police rules no-fault, but an insurance company says screw that, at-fault, show us the money.

It is not clear to me that the police made a no-fault determination, only that he didn't commit an offense.

 

[Platinum Cycle]

The police don't determine fault. They hand out charges under the HTA or Criminal Code as it relates to car/motorcycle accidents. (Of course the evidence they used to lay the charge may also be relevant to who is at fault, but the absence of, or existence of a charge, does not equal fault in all circumstances)

Fault is based on negligence and is determined by the insurance company.

It must be a slow day around the GTA community given the longevity of this thread. LOL

 

[OpenGambit]

It lasts long because of the never-ending flood of misinformation that accompanies every thread that has the words lawsuit/sue/cop/insurance/ticket in it.

 

[Turbo gpz]

There's a big difference between committing an offense and whether something is avoidable. The simple fact is op had an accident and walked away. This is what is important. On the other hand, clearly, it was avoidable. If traveling at a slower rate of speed, regardless of the posted limit, even if he didn't see it, he could have passed over oil without losing control.

I've visited too many in the hospital whose explanation was that it wasn't their fault. I've always wanted to ask if that made it less expensive and painful.

The most important thing to remember is just because it wasn't your fault, doesn't mean you couldn't avoid it. If you can't understand this, perhaps another hobby would be more appropriate.

 

[nobbie48]

So I had an accident at the end of last season. I hit some oil and the bike slipped out from under me on a turn. Bike was damaged but fixable. No other vehicle was involved and I didnt get charged. I have a clean record.

I didnt want insurance to find out so I didn't claim anything. The only reason they found out is that they got cc'd on a invoice sent to me from the city to pay for the fire truck. I paid the bill myself. But it was too late. The called me asking what happened so I told them Im not claiming anything and its none of their business what happened. They opened up a claim and put an "at fault" accident on my record. They also wrote a report on my drivers abstract saying I was speeding excessively in the turn and I lost control of the vehicle. That's ********! They havent jacked up my insurance yet but I know its only a matter of time.

Can I sue them for slandering the report and writing a bs report?

You can't sue if there isn't some loss and so far the insurance company hasn't cost you anything. If I am wrong, please advise how much money you are asking for and the justification for the amount.
Picking up the tab for fixing the bike yourself could be seen as an admission of responsibility.
Can you initiate legal action? Yes
Will a court hear the case? Maybe
Will you win? When hell freezes over.
Will you end up ahead after legal and personal costs are paid? It doesn't matter. If you're that lucky every lottery ticket you buy will win millions.

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