Alberta car insurance law

[93VR6]

I've been trying to google this all morning, here's the problem;
I was rear ended by a guy from manitoba. We then pulled onto the shoulder and exchanged information. While we are pulled over he begins to claim that someone hit him from behind which pushed him into me, there was no third car at the scene just me and him. His s-10 does have a small dent in the back but it's a work truck so my bet is it was already there since the thing was covered in dents anyways.

So I get on the phone to his insurance company and they claim they don't owe me shit since there guy was "bumped" into me. I went and talked to my insurance (I don't have collision so I have to do all the dirty work) and they tell me that it doesn't matter what happened, I was rearended and in alberta that means it is the other guys fault no matter what.

Is this information accurate and can anyone find alberta insurance law online or know where I can get this in writing, thanks.

[94boosted]

Originally posted by 93VR6
I was rearended and in alberta that means it is the other guys fault no matter what.



That sounds right to me, but I'm not an insurance guru.

[Kloubek]

^^^ I have always believed that to be the case as well. If you're rearended, it's the person's fault behind you for following too closely. In addition, he has no witness or guilty party in regards to his being hit anyway, so really, what he has is a story. Unfortunately for him, insurance doesn't really care about stories... they care about facts.

[CapnCrunch]

Sounds like a standard insurance tactic. If you had collision insurance and were dealing with your insurance company, this wouldn't happen.

Because you don't have collision coverage, they're just trying to bully you. Stand your ground. Get a lawyer to write a nasty letter if necessary.

[GOnSHO]

its always the guy in the back's fault...

so if he got rear ended which made him rear-end you, then the damage to his vehicle is the other persons fault and the damage to YOUR vehicle is his fault..

do not be bullied, my mom is an insurance agent and i have asked this on many occasions

[93VR6]

Thanks guys.

I called the adjuster back stating all this he claims to have "never heard of this rule before, I've dealt with tons of claims in alberta and this has never been the case" I'm calling BS on all that.

The other thing is they have a rental car allowance of 39$ a day but they won't pay me until there is proof that it is their guys fault. So I am almost 100% sure that this accident is his fault so do you think I am safe going ahead and renting a car until this is all settled?

[GOnSHO]

you are fine.. leave it with your insurance company and they will go after his insurance company for the money to fix it and the rental costs

[93VR6]

Can't leave it with my insurance company, I don't have collision insurance, I have the minimum with fire and theft.

Is there any way this could end up not being his fault and me getting screwed? I didn't cut in front of him at the last second or anything of that sort.

[Zewind]

Originally posted by 93VR6
I've been trying to google this all morning, here's the problem;
I was rear ended by a guy from manitoba. We then pulled onto the shoulder and exchanged information. While we are pulled over he begins to claim that someone hit him from behind which pushed him into me, there was no third car at the scene just me and him. His s-10 does have a small dent in the back but it's a work truck so my bet is it was already there since the thing was covered in dents anyways.

So I get on the phone to his insurance company and they claim they don't owe me shit since there guy was "bumped" into me. I went and talked to my insurance (I don't have collision so I have to do all the dirty work) and they tell me that it doesn't matter what happened, I was rearended and in alberta that means it is the other guys fault no matter what.

Is this information accurate and can anyone find alberta insurance law online or know where I can get this in writing, thanks.


First - Insurance accidents are law of the land. Therefore even tho he was insured in Manitoba and has Manitoba insurance they go by our rules (just wanted to clear that up)

Second - As Him and MPI (his insurance company) saying someone bumped into him. You turn around and tell them that it doesnt matter to you. You are collecting against him for damages.

I would go get a quote for the repairs to your car and phone them up again with quotes to process a claim. If they say no again, talk to their supervisor. Keep going up the chain.


edit : As for specific "LAW" there really isnt any unless you start going into court documents and I dont deal in that part of claims. Sorry.


But I do have the link to the Alberta Gov't Website for Insurance
http://www.finance.alberta.ca/publications/insurance/legislation.html

[GOnSHO]

no, this is his fault 100%

just because you dont have collision doesnt mean that they cant get money outta the other company.

you pay them for insurance, whether its to give you insurance or to help you get compensation when needed

[93VR6]

Originally posted by GOnSHO
no, this is his fault 100%

just because you dont have collision doesnt mean that they cant get money outta the other company.

you pay them for insurance, whether its to give you insurance or to help you get compensation when needed

I have asked and there isn't anything they can do to help, it is between me and the other company. My insurance provider is family friends and I know they are doing what they can to help me out.

[93VR6]

Originally posted by Zewind



First - Insurance accidents are law of the land. Therefore even tho he was insured in Manitoba and has Manitoba insurance they go by our rules (just wanted to clear that up)

Second - As Him and MPI (his insurance company) saying someone bumped into him. You turn around and tell them that it doesnt matter to you. You are collecting against him for damages.

I would go get a quote for the repairs to your car and phone them up again with quotes to process a claim. If they say no again, talk to their supervisor. Keep going up the chain.


edit : As for specific "LAW" there really isnt any unless you start going into court documents and I dont deal in that part of claims. Sorry.


But I do have the link to the Alberta Gov't Website for Insurance
http://www.finance.alberta.ca/publications/insurance/legislation.html

Well that was amazingly helpful, thanks buddy!

Got my quote done today and the total was 13,500. The car is valued at max 9k so I think this will be a write off plus the front end (engine tranny...) is all salvageable.

Looks like I'll be going up the chain tomorrow to get this dealt with.

[Point4Dave]

Having worked in Insurance I can say the guy who hit you is responsible for your repair. The guy who bumped him into you (yea prolly didn't happen that way) is responsible for his back bumper. You are in no wrong.

[guessboi]

you are correct. The one who hit u from behind is 100% at fault doesn't matter if someone bump into him because he followed u too closed.

[Rusted Bumper]

First item, without collision insurance and OP is not at fault, his insurance company WILL NOT help him to fight the other insurance company with help for damages, end of story. Not sure why people get confused on this one.

Second item, this would be a tort claim. MPI can claim that they were pushed into the front vehicle. But the onus is on them to prove it. Is there three vehicles listed on a police report? Do all we have is his statement and a dent on his rear bumper? You can be pushed into another vehicle and NOT be at fault. If your damages are bad, I would suggest legal assistance.

Third item, rental coverage. You can take a rental. But if they are found to be not at fault, you will be stuck with the rental payment. $39 a day is reasonable for a Sentra. But they will only be required to pay the daily rate, no insurance, kms, gas, etc.

Overall, they should be at least having your vehicle appraised if there is possible liability towards them. They should be making sure you are not injured. If they haven't done anything with this, I'm guessing they are pretty set in their position.

You may get something from them if you keep fighting, or you may not. Decide how bad your damages are compared to how far you want to go with this. The earlier you get legal assistance, the better.

[bignerd]

As per above poster, my husband was hit from behind while stopped at a light and pushed into the car in front of him... as far as I know our insurance never paid for the damages to the vehicle in front of us, however the third party that started the accident did stop and info was taken etc. etc. so there was definitive proof of a third car. It is either that or our insurance paid for the car we were pushed into and then collected the money from the people's insurance behind us....

I would expect major damage to the back of his truck if your car is a write off? You said there was a dent there but if he got hit hard enough to write your car off shouldn't the back of his S-10 be a mess(more than dented)??

[Stealth22]

I'm not going to repeat what was said, as everyone above (or at least most..didn't bother to read!) is right.

But $13.5K for a rear-end collision?! Holy crap, must have been a big one! :nut:

And as the last person just said, if he hit you hard enough to cause 13 grand in damage, the back of his truck would have more than a dent if he was sent flying into your car.

Anyway, I'd just say because HE hit you, you're going after them. There is no evidence of a third car, but if they know of one, they can feel free to go after the driver of the phantom car.

Don't let em bully you, stand your ground, get quotes, and insist that you be compensated. Get a lawyer as someone said to write a letter if you have to.

[Wrinkly]

As everyone before has said - yes, he is 100% at fault. I know this first hand because I was in the same situation - I rear ended a 20+ yr old Honda Civic that was more rust than bodywork and was told in no uncertain terms by the police officer that no matter what I said, or what happened, I was automatically 100% at fault. I got a ticket for Driving without due care and attention (which carries the same weight as a DUI, by the way) and I found out some time later that my insurance paid out $45,000 in claims.

No wonder they're trying to wriggle out of it!

Good luck and let us know what happens.

[pinoyhero]

I understand you're insurance co wont help but you need a pro here, get in touch with a small claims traffic lawyer and eat that cost if need be

[tom_9109]

The fact is that since you don't carry collision there is no possibility of their being a set in stone rule as to fault in a rear ending situation. If both parties insurers are signitories of the IBC agreement (Which is Canada wide) then provided all parties carry collision then there are binding rules as to accepting fault.

However as that agreement is not in effect in this case the determination of fault is that of tort and what could be proven in court if the case were to go to trial.

The onus is on you prove that the other party acted negligent in some manner causing the damages to your vehicle.

I'd imagine the basis for their denial is that their insured who rear ended you was not the vehicle that set off the chain of events causing the damage to your vehicle.

As the other driver is stating he was pushed by another vehicle causing the vehicle I believe that it is his insurance companies position that the proximate cause of your loss was this 3rd vehicles drivers actions and not those of their insured.

TO BE CLEAR THERE IS NO RULE AS TO FAULT IN ALBERTA.

IN CANADA THERE IS THE IBC AGREEMENT WHICH BINDS ITS SIGNATORY INSURERS TO FOLLOW PROVIDED THEY HAVE A RIGHT TO SUBROGATE. THIS MEAN ALL PARTIES MUST HAVE COLLISION.

If this IBC agreement doesn't apply then there are no rules as to fault in any province. Both sides look at the evidence and try to determine the who was negligent any how to handle the claim.

In some cases the vehicle in front could be found liable if it could be proven that it was that drivers negligent actions that caused the loss.

[93VR6]

Originally posted by tom_9109
[

In some cases the vehicle in front could be found liable if it could be proven that it was that drivers negligent actions that caused the loss. [/B]

I'm fairly certain this is not the case as I was stopped behind a girl, I had not recently changed into the lane and I had done nothing even slightly illegal, looks like I might have to get a lawyer. Is there a special type I need to be looking for? any recommendations?

[tom_9109]

Originally posted by 93VR6


I'm fairly certain this is not the case as I was stopped behind a girl, I had not recently changed into the lane and I had done nothing even slightly illegal, looks like I might have to get a lawyer. Is there a special type I need to be looking for? any recommendations?

And I'm agreeing that this is likely not the case. I think given the situation it is likely is your best interest to discuss this with a lawyer.

They'll likely lay out the steps required from filing a demand letter the the driver and the insurance company followed by a statement of claim and ultimately court if they don't concede and accept liability.

[93VR6]

Im going to give The adjuster at MPI time to look at the police report (he says 2-3 weeks...) and if he doesn't cover the damages for my car ill be hiring a lawyer and doing some serious work.