car accident, my fault?

[jabby_jabby]

I'm not entirely sure this is the right forum for car accidents, but I couldn't find another. So here goes:

I was in a car accident yesterday. Nothing too too serious. Noone was hurt. I was going about 10km/h. It was during a snowstorm. These streets are REALLY bad especially since we just had another snowstorm a few days ago. Visibilty sucked. I was approaching this uncontrolled intersection planning to turn left. I was only rolling through in 1st. I didn't want to stop because people get stuck there all the time and need to be pushed or towed out. Of course I would have stopped if I saw someone coming. I looked to the left, to the right, to the left again and to the right. I didn't see anyone coming, so I continued on, when I looked left again to see my way through the turn, there was another car not two feet away and I didn't even bother stepping on the breaks.

We were both ok, both cars were drivable, so we didn't need to call the cops for a report (based on what SGI says, the provincial insurance company). My car fared pretty well, just a crack on the bumper and some paint scratches. Her's (a firefly) got it pretty bad on the front right corner. It was drivable, but the hood was bent in and the wheel well dropped.

I haven't talked to the insurance company yet (SGI) since it happened late Saturday and by the time I could call, they were closed, and they're closed today. But I'm wondering who will be at fault here? It's an uncontrolled intersection and because I was on her right, I did have the right of way, even though she was going straight through. Also, since she ended up turning right after we exchanged information and drove off, it looked like she was trying to turn right initially and was going too fast for the conditions and slipped. She came out of nowhere, I was going cautiously slow and she seemed to have been going about 40 clicks, way too fast for driving on a shitty road during a snowstorm. The intersection is also rediculously packed with parked cars (illegally parked too close to turns) and it's hard to see if anyone is coming.

Anyone else been in a similar situation? Would she be at fault if I had the right of way? Or will it be split 50/50? Any ideas?

[Colov99]

I dont know what the laws in canada are but in the usa left turns are always at fault. so your insurance will proably peg. but you might be able to apeal the surcharge due to the conditions of the road.
hth
good luck

[jabby_jabby]

Normally, yes, the one turning left is at fault. BUT this is an uncontrolled intersection. We were both approaching the intersection, and I am to her right. She should have yielded to me no matter what direction I ended up in.

And the rules of the road are pretty much the same throughout North America. There may be local, municipal differences. But red still means stop, a triangle means yield, and a bus that's dropping kids off means don't you dare move because there is a cop hiding around the corner.

[Igovert500]

They would probably say you're both at fault. If she was going too fast and couldn't turn, then that is her fault. But you also admit to not stopping, therefore you are partially to blame as well. Snow generally leads to alot more 50/50 decisions.

[jabby_jabby]

Originally Posted by Igovert500

If she was going too fast and couldn't turn, then that is her fault.

Haha, y'know, I talked to SGI yesterday, and the adjustor read to me the other driver's statement. She admitted to going 25km/h and trying to make a right turn at that speed. WAY too fast for the conditions, and for that road in the winter in general. The adjustor agreed.

That being said, they're telling me since I was turning left, the onus is still on me even though we shouldn't have collided if she didn't slip. I think it'll end up being 25/25/50 for the weather.

We'll see what happens.

[Chad82]

So your bumper went into her fender? I believe what they say around here in that case is that you didn't reach the intersection at the same time, she was there first. So the fact that you were to the right doens't matter. However, she was going faster than you. So I don't know. I am guessing it is going to be some form of split fault -- you should have looked better and she should ahve been going slower.