Insurance, car related, $7500+ damage, looking for advise

FlamingChicken

New member
Hi all, this is my first post, unfortunately not motorcycle related, however, it’s insurance related thus ended up here. I know that people here are very knowledgeable as I have took the advise here on finding insurance and choosing my first bike, I sincerely thank you all for taking the time to read through my post and perhaps provide some advise on my situation.

My girlfriend was involved in an accident with a tour bus a couple weeks ago. She and a couple of her friends that are in the car were not hurt, but the estimated damage to her car is at least $7500. She only have liability on her policy and looking for advise on what to do now. This is how the accident happened in chronological order to the best of my ability: The tour bus was sitting in the left turn lane in a parking lot (I’m not sure if there is such thing as left turn n right turn lane on exits of a parking lot as there is no line marked on the ground and wide enough to park two vehicles side by side) waiting to go on Markham Rd. Seeing that the bus is very far from the right side curb and can not recall seeing the right turn signal of the bus she proceed to the right turn lane waiting for the bus to proceed so she can see the traffic. I would like to stress that the bus leave a very wide space between the right curb and the bus itself, my girlfriend did not squeeze into that space by any means, in fact it’s so wide that when the bus turned right into her there’s space for my girlfriend to move right a little to try to avoid the accident. My girlfriend was fully stopped for a second or two already before the bus started to move. So yea, the bus made a right turn into the front fender, mirror, front door (which all needs to be replaced) of her car and pushes it into the right curb resulting damage to the right front wheel and marks of impact on left rear door and rear quarter panel as well. When my girlfriend know the intention of the bus is to make a right turn, she sounded her horn and moved right little trying to avoid the impact, the bus did not stop after hitting the car, but proceed to turn right and continued down the road for a good 100 meter as if the bus did not hit anything. Eventually the bus stopped as probably the passenger notified the driver that he has hit something during the turn.

The tour bus was from Quebec and with the help of a translator/tour guide from the bus they exchanged information (as my girlfriend don’t speak French nor the driver of the bus speak English). They called the police and after 4 hrs. of waiting they arrived and recorded the accident. The police determined my girlfriend was at fault because she did not pay attention to the bus’ turn signal and the bus need a lot more space to complete the right turn because its very long, and from interviews with the passengers of the bus that my girlfriend came out not nowhere, (but since the passenger of the bus wasn’t the one driving and paying attention of the surrounding, I'm not sure how much their statement will worth), thus she shouldn’t be on the right lane in the first place. The police officer didn’t issue a ticket to my girlfriend as the accident happened in a private property. We did not argue with the police, as I know that how the police officers and insurance companies determine fault is different and there was no ticket issued. Our argument is that the bus is sitting very far to the left leaving very sufficient space to the right for a car that is not squeezed in by any means, and that given the bus driver know its vehicle’s size, when making a turn the driver should be more cautious and check the mirror to see if there is any object in the way (my girlfriend was told by the tour guide that the bus driver didn’t check the mirror, however I don’t know how the tour guide know or if it will play any significance). Please note that I’m not trying to demonize the bus driver to make us for valid by any means, but what if it wasn’t my girlfriend’s car but a bicycle or motorcycle, even with her car’s loud horn the driver still didn’t realized there’s a car there, a cyclist or rider may have a harder time alerting the bus driver. This is simply a hypothetical situation and the cyclist or rider might have being able to steer away due to its smaller size, but what if they weren’t able to for any reason. I know that large vehicles require more space to complete a turn but large semi don’t use a different lane to make a right turn, they simply drive straight for a little more so the rear wheels will clear the curb and make a tight turn to get back to correct lane. Given the estimate damage to my girlfriend’s car is substantial, and we are not sure how the insurance company is going to determine fault in this case, we are not sure what to do now. Should we try to claim it with the insurance company hoping they will determine the bus driver was at fault or just suck it up and pay for the repair out of our own pocket? Friends and family aren’t familiar with situations like these so I’m hoping fellow rider and those with knowledge on such subject can provide me with some advise. I again, would like to sincerely thank you all for reading such long post as I try to provide more detail of the accident, it meant a lot to me for you all to take the time to read through all this. Thanks again.
 
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didn't u say that your girlfriend had only liability insurance? If thats all she has there is no point in informing the insurance company what happened in the parking lot. Usually the fault is shared by both drivers in a parking lot in this case the cop sided with the bus driver which is total bullcrap because we all know how people in quebec drive.
 
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...Usually the fault is shared by both drivers in a parking lot...

This is not necessarily true. Check the fault determination rules, as they might apply.

Insurance Fault Determination Rules said:
Rules for Automobiles in Parking Lots

16. (1) This section applies with respect to incidents in parking lots. R.R.O. 1990, Reg. 668, s. 16 (1).
(2) The degree of fault of a driver involved in an incident on a thoroughfare shall be determined in accordance with this Regulation as if the thoroughfare were a road. R.R.O. 1990, Reg. 668, s. 16 (2).
(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. R.R.O. 1990, Reg. 668, s. 16 (3).
(4) If automobile “A” is leaving a parking space and fails to yield the right of way to automobile “B” on a feeder lane or 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. R.R.O. 1990, Reg. 668, s. 16 (4).
(5) In this section,
“feeder lane” means a road in a parking lot other than a thoroughfare;
“thoroughfare” means a main road for passage into, through or out of a parking lot. R.R.O. 1990, Reg. 668, s. 16 (5).

Your GF is out $7,500. I would report to the insurance company and ask who is at fault. Insurance fault determination rules do not necessarily agree with the cop. In this case I think the cop is wrong. With only liability if your GF is at fault you will get nothing, and pay more for insurance for 6 years. If the bus driver is at fault her car will get fixed. Why would the bus driver leave a complete lane open on the right to make a right hand turn? Most bus drivers I see will straddle both lanes, a good indication that they need room to turn. It is helpful that your GF's car was not moving. Drivers should not at any time hit stationary objects, even cars.

P.S. It is more helpful if the OP uses paragraphs. A large wall of text will put off many.
 
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Thanks for the replies. We wanted to claim it with insurance but we just don't know if she will be determined as at fault or partially at fault, which in either case we have to pay for the repair AND 6 years of expensive insurance. Yes my GF was not moving at all but police said she shouldn't be there in the first place so she's at fault. Perhaps there's adjuster on the forum that have more insight on how a insurance company is going to perceive it?
 
Just call in to the insurance company and ask them IF a situation like this happened, who would be at fault. That way you have a straight answer and no at fault on record.
 
Yea we tried, we even called directly to the claim centre as they would be more knowledgeable, but the other end just kept on saying "we can't tell you cause we don't have the police report and other info." thx thro
 
...Yes my GF was not moving at all but police said she shouldn't be there in the first place so she's at fault...

I fail to understand how she is at fault by being in the correct lane for where she wanted to turn. In this case she was in the right lane, wanting to make a right turn. If there was a clear lane and she was not moving it is the truck driver that should have seen her and not made the unsafe turn. Even if the truck driver signalled, turn signals are yellow, cautionary at best and often incorrect if even used.

Even if your insurance company rules against you there is a process to appeal through the FSCO. $7,500 is a large hit to take, especially if you are not at fault. I would contest the police report and escalate to the FSCO for a ruling.
 
Call your insurance company, they are going to get a third party report from the bus company any way.

Besides, 20 people on the bus will also likely be claiming injuries, better you report to your insurance company rather than the other party.
 
Thanks for all the advise, we have decided to go through insurance. There were multiple errors on the police report (I.E. My girlfriend was moving at 2km/h, there were no passenger on the car, incomplete information on the location of the accident and lastly missing accident number), when we called that police officer to politely ask him to change the error, the officer seems just wanted to be a d!ick and play the "we are police that's why we are always right" game, in the end I'm not sure if it's partly due to all those error but our insurance company determined that we are not at fault and will cover all the repair cost. Thanks again.
 
Thanks for all the advise, we have decided to go through insurance. There were multiple errors on the police report (I.E. My girlfriend was moving at 2km/h, there were no passenger on the car, incomplete information on the location of the accident and lastly missing accident number), when we called that police officer to politely ask him to change the error, the officer seems just wanted to be a d!ick and play the "we are police that's why we are always right" game, in the end I'm not sure if it's partly due to all those error but our insurance company determined that we are not at fault and will cover all the repair cost. Thanks again.

Finally an example of some sanity in an insurance claim. Cops are not always right, and do not always give a hoot. According to the fault determination rules it would be difficult to fault you if your GF was not moving. I hope it all works out in the end.
 
If a vehicle is stationery how could it cause a collision? Even if it was a dumb place to stop other vehicles don't have the right to hit you. I know of specific exemptions but generally this is a common situation for any large vehicle driver.
 
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