A driver asks if it's always the left-turning driver's fault in an accident, especially when the other driver was speeding. An insurance expert explains how fault is determined, the role of evidence, and the impact of not having collision coverage.
My daughter was turning left at a green light during a snowstorm. The car across from her was also turning left, so my daughter started to go. But then that car turned and another driver sped straight through and hit her.
She hadn’t seen the oncoming car in time because her view was blocked by the left-turning vehicle. We have dash cam footage, but my daughter was found at fault. Because we didn’t have collision coverage, our car was written off and we didn’t get any money for it. The insurance company said it’s always the left-turning driver’s fault – even though the other car was going too fast for the conditions. Is that true? – Michael, AlbertaIf you get into a crash, your insurance company will usually find you at fault, but how much you’re at fault depends on what the other car was doing – and what you can prove. “When you’re turning left, the onus is on you,” said Rob de Pruis, national director of consumer and industry relations with the Insurance Bureau of Canada. “Generally speaking, a left-turning vehicle at a controlled intersection would be at least partially, if not fully, liable for the damages that were caused.”That’s true even when the light turns amber – the car turning left is still supposed to yield to oncoming cars, he said. So, why does fault matter? In most provinces, if somebody hits you and they’re entirely at fault, something called Direct Compensation Property Damage in your basic policy will usually cover the entire cost to repair or replace your car as long as the car that hits you has insurance. But if you’re found to be 100 per cent at fault, you’re on the hook for the cost of repairing or replacing your car – unless you haveBut fault isn’t all or nothing. Insurance companies can split the fault between drivers in a collision, de Pruis said.This is where it gets complicated. If you get in a crash, are found to be 75 per cent at fault, for instance, and don’t have collision insurance, you would have to pay for 75 per cent of your repairs and the insurance company would pay for the remaining 25 per cent, de Pruis said. If your car wasThat split can happen when both drivers were doing something wrong. For instance, if one driver was speeding through the light. But, often, unless that speeding driver got a ticket, it might be tough to prove they were speeding, he said. “The average driver doesn’t have the training, experience or knowledge to conclusively say that another driver was speeding,” de Pruis said. “It would just be opinion.”“If the vehicle travelling in the opposite direction was convicted of going more than 31 kilometres an hour above the speed limit, ,” de Pruis said.light but were hit by a car turning right, they would be at fault because they had the red light.“Usually, each driver has their own version of what happened and the truth might be somewhere in between because people recall things differently,” he said. ““So, if we can’t prove whether you’re at fault or not, might be split 50/50.”and put ‘Driving Concerns’ in your subject line. Emails without the correct subject line may not be answered. Canada’s a big place, so let us know where you are so we can find the answer for your city and province.
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