97_Tegra

I Was drivin slower then everyone behind me an infront of me..WTF LoL If I was driving too fast..I woulda gone over the curb...Shoulda been speeding dammit! in speed limit is gay! N My Winter Tires Where Shitty..Look BARELY touched brakes..n they locked..that sent me sliding..finally stopped..sumone slid into me..n boom that was it..an hour later another accident exact same spot..my car wasnt even moved yet lol..3 more cars..then the cops got it plowed

yourmama

You don't get it. You lost control. You don't have to be speeding to lose control. Losing control on ice is considered driver error by the insurance companies, whether or not you are charged by police as a result.

Having a good lawyer doesn't change that. In our society anyone can sue for anything with or without a good lawyer or witnesses, with or without any reasonable grounds of winning, but that doesn't mean a win is going to be automatic.

Look up the Fault Determination rules for accidents under Ontario law. The insurance companies will use that as their authority by which they denied your claim.

Here's a snippet ->
Ice on the road does not remove liability for fault determination reasons. You are expected to take the possibility of ice or other road hazards into consideration when you drive.

97_Tegra

Well wtf u gona do on ice? so everytime something happens it automatically becomes my fault cuz im a young driver with a cosmetic modified car? It was my fault..cuz i had liability only. Wouldnt have a judge, insurance company, n lawyer say im going to beat their asses..unless I had a fairly good chance.

97_Tegra

Location of automobile doesnt matter eh..lol thats horseshit. They deemed me at fault..cuz my car ended up infront of someone else..who failed to even hit the ing brakes..n he had about 50 meters..*doing 30km/h apparently* now I didnt hit a single car..my car was almost stopped..then i got SMOKED!

When your gas tank gets blown off..an your entire side of your car ripped to shreads,, n your rear bumper blown off 20 feet it becomes dudes fault for speeding no matter the conditions or what happened..he had time to stop n didnt even bothert tryin to avoid it..

yourmama

It's winter. You're expected to take the possibility of ice into consideration. Was everyone else also crashing because of that same ice? Why just you?

Cosmetically modified or not would have made no difference. Papa in an old Impala would have recieved the same judgement. If you had collision insurance on your car you would have been covered, your fault or not, provided you were straight-up with describing your car when getting coverage.

Lawyers are quite happy to take your money. They always say you have a good chance. It's their way of keeping you in the hand-over-money mode.

Daley

Thats some good work right there. You just answered your own question of who was at fault.

97_Tegra

Ye There Was Another Accident..where my car first slid..exactly an hour or so after mine..3 other cars...destroyed..:P

97_Tegra

On The Same Ice:P And Shitty Tires Or Not..I Bought The Car With * New Winters* I duno bout tires..I just drove the car..n tried to be carefull..

yourmama

Right. Your initial loss of control precipitated the chain of events leading to the collision. The other driver may also have been deemed at fault for his part in the accident as well, but that doesn;t change your part of it.

yourmama

An hour later you say. Which implies that other traffic aside from your accident and that later accident was in fact able to deal with the ice.

In any case, the onus is still on a driver to correctly guage the road conditions. Or stay home.

97_Tegra

I can still fight it...I kno I ddi nothing wrong..I have 2 witnesses that agree..Im stickin to it..n wishin for the best...i have enough money to fight it...and I will...let em waste thousands fighting it...I got injured too...my backs got sumthin ed up wit it..they try n screw me..I'll sue them for injuries..and doc can prove it.. I figured i'd be nice..n only ask for the price of my car...fair enouf..I think they owe it to me...plain n simple...long story behind it...but i'll fight it untill they spend 5-10 grand in court costs...then i'll be happy knowing they lost that money neways.

yourmama

Trying to be careful would have meant staying at home when the roads are bad, taking transit, a sick day, driving even more carefully, and having decent winter tires on.

You say that with winter tires that you barely touched the brakes, and then you spun out.

That certainly implies that you were driving too fast for conditions. In court that statement will make you toast.

97_Tegra

Couldnt stay home..I Left the house..great sunny weather..did my xmas shopping..blizzard came in...I didnt kno about it..till it was to late...had to get home somehow..meh..I'll stop talkin bout this..but I'll let u kno what happens.

97_Tegra

Its At Pre Trial Now..Lawyer Will Do It All...

yourmama

Yeah, sure. And while you're fighting until they lose 5 to 10 G in court costs, you too are spending your money on lawyer and court costs. Good one. You should have saved your money and bought another car with it.

Also, your insurance policy covers you for medical treatement and loss of income if need be, whether or not you have collision on your car. You can't sue for more unless you're hurt real bad. A little soreness, stiff back or neck, doesn't cut it, especially given that you put yourself in a position to be hit by spinning out in the first place.

You didn't have collision on your car. Accident was precipitated by your driving too fast for conditions. You're owed nothing for your car whether or not you have witnesses.