3rd party claims in Ontario
12-08-2015, 12:39 PM
#1
Drifting
Thread Starter
3rd party claims in Ontario
Anyone have a 3rd party claim against them in Toronto? What exactly happens?
Summer 2012
"someone" I know was in a MVC on the 401E near Milton... 5 Car chain reaction. The other guy was charged. Basically, traffic was going at a good clip on a clear, dry sunny afternoon (sun was behind us) and then the 401 comes to a standstill. My friend was in the Left lane and slows down in time... Driver behind my friend didn't slow down or stop in time, veers into the L hand median to try to avoid the 1st hit, bounces off the median, and clips my friend in the front L fender and then goes into an airborn roll hitting at least 3 other vehicles ahead of him before coming to a rest in the R hand shoulder...
The passenger in the airborne vehicle is suing the driver and both look to be naming my friend in a 3rd party claim... The driver of the airborne vehicle was charged by police in the accident. Papers were served December 2015
Thinking about getting a cheap dashcam for my vehicles as I drive a lot. 40,000+ km /yr.
Summer 2012
"someone" I know was in a MVC on the 401E near Milton... 5 Car chain reaction. The other guy was charged. Basically, traffic was going at a good clip on a clear, dry sunny afternoon (sun was behind us) and then the 401 comes to a standstill. My friend was in the Left lane and slows down in time... Driver behind my friend didn't slow down or stop in time, veers into the L hand median to try to avoid the 1st hit, bounces off the median, and clips my friend in the front L fender and then goes into an airborn roll hitting at least 3 other vehicles ahead of him before coming to a rest in the R hand shoulder...
The passenger in the airborne vehicle is suing the driver and both look to be naming my friend in a 3rd party claim... The driver of the airborne vehicle was charged by police in the accident. Papers were served December 2015
Thinking about getting a cheap dashcam for my vehicles as I drive a lot. 40,000+ km /yr.
12-08-2015, 01:53 PM
#2
Race Car
In a proper world the guy who failed to notice stopped traffic ahead such that he became airborne should never be allowed to drive again and should have to pay for all repairs, including any to the road surface or median.
Reality, however, is a world run by lawyers, and in a case like this, everyone sues everyone else in the hopes of either deflecting blame or cashing in. No advice for your friend, but a dashcam might not be a bad idea if you can see yourself in this situation in the future.
Reality, however, is a world run by lawyers, and in a case like this, everyone sues everyone else in the hopes of either deflecting blame or cashing in. No advice for your friend, but a dashcam might not be a bad idea if you can see yourself in this situation in the future.
12-09-2015, 12:03 AM
#3
Rennlist Member
I drive ~5000km/yr and have a dashcam.
When you consider how much you shell out for insurance (and presumably your vehicles), what's $200 on a decent cam to protect yourself in situations such as this (oh, and insurance fraud)?
When you consider how much you shell out for insurance (and presumably your vehicles), what's $200 on a decent cam to protect yourself in situations such as this (oh, and insurance fraud)?
12-09-2015, 10:26 AM
#5
Captain Obvious
Super User
Super User
What does the MVC report say about the description of the collision (the diagram)? This is a civil suit right? As said above, they are trying to cash in because anyone can sue anyone but that doesn't mean they will win. If the MVCR is detailed enough to describe what happened then, all you need to do is testify in court what happened. Might want to get a lawyer so you don't miss or do something that helps the other driver/passanger. Did they hire a "traffic expert" that produced a report that claims you might be at fault?
12-09-2015, 12:40 PM
#6
Drifting
Thread Starter
Yeah, there is a discoveries meeting sometime in the future, my insurance will provide a lawyer. Claims guy is not worried. I had a written statement to the cop. Will see if they can dig it up.
12-09-2015, 04:18 PM
#7
Burning Brakes
Imo000 summed it up nicely. The passenger in the airborne vehicle who was presumably injured in the accident is suing anyone and anything that contributed to their injury, without taking fault into account. In other words, their claim against your friend - if things occured exactly as you stated - has an equal chance of success as a claim against the other three cars they hit in the process or the construction company that made the hard concrete median. If it ever gets past the discovery stage for your friend - which is unlikely - he should get his own lawyer just in case (the one his insurance company will provide is also going to take his side, but I wouldn't count on them having your frend's best interest in mind - only their own), and file a counter claim against the parties that are suing him for his own legal fees and time.
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10-04-2016, 12:48 PM
#8
Drifting
Thread Starter
Just an update.... The matter was dropped in August 2016, never made it to discovery process.
My friend's story collaborated almost word for word with the airborne passenger's story, except his was more disorientating as he went rightside up, upside down, rightside up, upsidedown, back to finally rightside up.
My friend thanks you....
My friend's story collaborated almost word for word with the airborne passenger's story, except his was more disorientating as he went rightside up, upside down, rightside up, upsidedown, back to finally rightside up.
My friend thanks you....
10-04-2016, 01:06 PM
#9
Three Wheelin'
Join Date: Jun 2016
Location: Toronto, north of the lake.
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Dashcam
Just an update.... The matter was dropped in August 2016, never made it to discovery process.
My friend's story collaborated almost word for word with the airborne passenger's story, except his was more disorientating as he went rightside up, upside down, rightside up, upsidedown, back to finally rightside up.
My friend thanks you....
My friend's story collaborated almost word for word with the airborne passenger's story, except his was more disorientating as he went rightside up, upside down, rightside up, upsidedown, back to finally rightside up.
My friend thanks you....
10-04-2016, 02:56 PM
#10
Team Owner
I would think I would definitely want one in the rear even moreso than the front .. although the backing into someone and then claiming they were run into is becoming an all too popular scam.