Help Accident Advise

[2.2vtec]

Ok my friend was coming from 14st and he turned onto 9ave. He was moved to the right lane once and continued straight for approx 3 seconds then breaked suddently to allow someone to come infront of him then all of a sudden a car from the right hit the passenger side of his car, kinda like a side swipe. The guy who hit him says its his fault cause he moved into his lane but he never moved. NO witness stopped for the accident. My friends car has a lot more damage then the other guys. How will they determine fault if no witnesses? It looks pretty obvious that something hit my friends car cause there is a huge dent in the quarter panel and scraps on the side. Advise please

[95EagleAWD]

Fill out a police report right away.

If he's bitching that it's your buddie's fault, then call your insurance company and get them in on it. Cops don't determine fault, insurance companies do.

[2.2vtec]

Police report is already filed, they said the insurance companies will detrmine fault as well, but how will they do that?

[cmodem]

draw a pic or something or explain yourself better.

was he in the middle of a lane change? was he completely stopped? was he in his own lane?

It's hard to picture what you are trying to say.

But using what you said:
"guy says its his fault cause he moved into his lane but he never moved"

i'd say it's the other persons fault since your friend was in the lane and not moving and this guy some how sideswipes him.

[nadroj23]

9th ave off of 14th street is the worst fuckin set up ive seen for an inlet into downtown..............ITS FUCKIN HORRIBLE. everybody from bow trail needs to get over to the left, and everybody comin onto 9th from 14th have to slow down and stop. There have been countless times ive been almost side swiped after i shoulder check and start goin in the lane when nobody is there and then end up getting pushed back to the lane i was in by a TRUCK....stupid fuckers i hate trucks. but thats another topic.. but i do think something needs to be done about that whole area if they can...

[DoubleLP]

So if I am reading this right...

Your friend came off of 14st and headed east on 9th ave. He had moved over one lane already and then had to hit his brakes to allow someone into the same lane he was in and the other guy hit him on the rear passenger side of the car.

To me that shows that the guy who hit your friend was not paying attention and was switching lanes thinking that your buddy would not have to slow down. But your friend did have to stop and this other guy hit him. So the driver that hit your friend would be at fault for not paying attention.

It seems that your friend has done all the right steps so far, just make sure he gets in contact with his insurance company and get a claim going because if they get something coming across their desk from the other driver's insurance company first, they will not be happy with your friend.

[2.2vtec]

He contacted his insurance company this moring and they said they will phone him in the next few days.

As to clear up the details he was on 9th going eastbound, he was not lane changing but driving straight until he slowed down to let someone infront of him. It was then where he was side swiped.

He was looking up at accident faults and it might look like it could be 50/50 cause of it being a side swipe and he doesnt have collision.

http://www.e-laws.gov.on.ca/DBLaws/Regs/English/900668_e.htm

I dont' know if this is Canadian. Another friend said that they could say it was my friends fault cause he hit him on the passenger side(blind spot) so they will assume that my friend was switching lanes.

[Supa Dexta]

was this this morning? does he drive a smaller suv?

[TrevorK]

The insurance company will be able to tell from the damage on each vehicle what their orientation was.

They would conclude that the other driver is at fault if they can demonstrate that your car was going straight and his car hit you at an angle (So the corner of his bumper hit your door, or whatever).