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Old 03-06-2002, 12:19 AM   #1
sandy lam
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Member#: 2498
Join Date: Sep 2000
Location: Abbotsford/Burnaby, BC, Canada
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1999 Impreza 2.5RS
RBP

Default Question -- ICBC claim (Don, could you pls reply if you see this)

This is regarding to an accident my mom got into yesterday. She was turning left at a green traffic light, as soon as it was clear, my mom turned. When she almost finish turning, a vehicle from the opposite slow (right) lane, which was going stright, suddenly accerated (the light was yellow now)and trying to aviod the light turning to red. Just as soon as she accerated, she saw my mom's car and tried to stop the car by steping on the brake, but the brake did not work so she hit my mom's car (that's what she said to my mom after the accident, but I doubt she would say it to ICBC). Her car only has some mirror damge but my mom's CRV's rear door is damged quite badly and it needs to be replaced.

There is also a witness but all she said was "I saw the car (the car which hit my mom's) was going real quick".

Now, my question is.... when the light is yellow, does the car going straight should yield the one turning left which is already on the middle of the intersection? And... should you run a yellow light only when it is clear and safe?
Do you think my mom would have a chace to win even she was turning??

My mom is going to ICBC tomorrow to do the inspection and statment. Does anyone has any idea how she should do about it?
My mom doesn't really speak English, and I live in Burnaby plus my English is not that good, ao I don't really know how to help her


Thanks!
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Old 03-06-2002, 01:04 AM   #2
Josico
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Blue Ridge Pearl

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OK, from what I know:

1. Turning left, you are at fault most of, if not all the times and even then, most likely at a 50% fault... it is good that you have at least a witness (you have the witness's info right?)

2. When turning left, you have to yeild to straight traffic, even if it means you have to stop and wait till red.

3. As for the appointment, you should have your mom write down all she can remember (in chinese if needed and then you translate or something)... draw a diagram or something relating to the scene... Any street names or objects should be in the picture... Was your mom able to take pictures of the accident scene or anything?
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Old 03-06-2002, 01:34 AM   #3
Keiho
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Well, from what I read from Sandy...

Her mom turned on a green while the intersection was clear. Now midway through turning the light turned yellow and the car that hit Sandy's mom sped up to cross the intersection because of the yellow. Sandy's mom has a witness that said "that car was going real fast".

Yellow light means to stop, and only go if it is unsafe to stop. Obviously since Sandy's mom was already in the intersection prior to the light turning yellow, I think Sandy's mom is in the "right".
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Old 03-06-2002, 01:52 AM   #4
ImprezaTs
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Normally turning left is at fault but there are circumstances where its not true. Mrs Lam is sure not at fault.

She was turning left while the coast is clear. Which is a safe and normal thing to do in this situation. Wouldn't you turn when its clear?

But during the turning process, a car which was going straight, didn't see Mrs. Lam's vechicle and try to pass the intersection while its yellow light (meaning please proceed with caution) Which the "defendant" should have done. If the "defendant" just proceed blindly then he/she is at fault.

In general, Mrs. Lam is not at fault and has the right to claim ICBC for the damages.
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Old 03-06-2002, 02:01 AM   #5
AllWheelDrift
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I'm guessing they're both going to get screwed. Probably a failure to yield to slower traffic to the person running the light, and an unsafe turn or something for sandy's mom.

Sorry, but I have a problem buying the fact that the other car could accelerate quickly enough to hit sandy's mom if it was safe (clear) to make the left turn. Besides, if the turn was started on green, the light just turned yellow and the other car would have aready been too far to stop for the yellow. Unless I'm greatly underestimating the time it takes to make a left turn...
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Old 03-06-2002, 02:03 AM   #6
AllWheelDrift
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Quote:
Originally posted by ImprezaTs
But during the turning process, a car which was going straight, didn't see Mrs. Lam's vechicle and try to pass the intersection while its yellow light (meaning please proceed with caution) Which the "defendant" should have done. If the "defendant" just proceed blindly then he/she is at fault.
Not trying to be a sth distrurber, but I want to know where the 'defendant' came from if the intersection was clear?
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Old 03-06-2002, 02:08 AM   #7
Avenger
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Like everyone said Left turn vehicle is usually at fault, but since it was a yellow and that guy speeded up you might get a 50/50 chance of winning.
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Old 03-06-2002, 02:11 AM   #8
Penphoe
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Location: Burnaby, B.C., Canada
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00 Impreza RS GM6 RIP

Default I've gotten into a similar accident

C'ept the lights were yellow to red. I was making a left turn and the other party was going straight through the light. I was in the intersection on a green, the light turned yellow, then it turned red at which the same time I wrongfully assumed that the other party was going to stop, so I proceeded to make my LT. The other guy ran the red and hit my mom's car which I was driving.

In any case, I got ticketed for "Failing to yeild for right-away" and the other dude got ticketed for running a red light. I had three witnesses from the various sides of the intersection (it was a "T" type intersection) say that the other party ran the red light. Needless to say, the case I presented to ICBC was strong and was found completely fault free.

As for the ticket, I disputed it and won. I won't go into the details of how I disputed the ticket, not unless you really want to know Sandy.

In any case, my suggestion to your mother, would be to write down as much as she can remember from the incident. Time of day, weather conditions, who was where, draw a picture of the incident, estimate speed and distances, etc. and bring that to your adjuster. That way, your statement will already be prepared. Hope this helps.

LaterZ!
Darren!!
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Old 03-06-2002, 02:28 AM   #9
ImprezaTs
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Quote:
Originally posted by AllWheelDrift


Not trying to be a sth distrurber, but I want to know where the 'defendant' came from if the intersection was clear?
sorry should have said the other party thats involved.
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Old 03-06-2002, 02:49 AM   #10
Mirage
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01 RS Coupe/Silver
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Sandy,

I hope your mom's feeling ok from the accident.

Everything you described sound EXACTLY like my accident on Granville & 49th back in October when a girl suddenly accelerated (after I saw the slight nose dive from braking) trying to make a late yellow/red and hit me right when I was finishing up the turn.

Which intersection was it? Yeah.. get as much important info as u can get, what the weather was like, where were both parties heading, what time it was, etc. And be sure to see if the intersection had a red light camera (if it'd benefit your case that is), because it was only a few weeks ago that I discovered that there WAS one, and it was on her side of the street too.

Write down a really detailed account of what happened and what that other person said and bring it with u. My claim rep that handled this at the time told me this type of accident can go either way, so don't be discouraged to present as much info as u can. Also make note of any back pain or whatever in your statement.

For sure draw something out that consists of a few picture/diagrams of what happened the entire time.

Talk to Jamie.. he helped me out that time. He had a lot of input for me.

PM me if u need me to icq u my statement or any other q's..

Hope all goes well tmrw!

Last edited by Mirage; 03-06-2002 at 02:58 AM.
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Old 03-06-2002, 05:25 AM   #11
Cary Lam
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Thanks for all the information here. I'm going with my mother tomorrow, and I will try to say that to ICBC.
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Old 03-06-2002, 10:07 PM   #12
sandy lam
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1999 Impreza 2.5RS
RBP

Default

Thanks a lot guys.. your suggestions really helped a lot.

Mirage, it happened in Abbotosford
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