Insurance Question

[Houch]

About 2 months ago, I was driving straight, a lady from a parking lot does an illegal left turn, hits the side of my SUV. Cop showed up, gave her a ticket for doing an unsafe turn, he didn't realize it was illegal because the snow, but she crossed over 2 or 3 solid yellow lines, I realized after, I told the insurance company though.
Long story short, was a pretty clear cut case, the vehicle was written off because it was older, I was paid for it and that was the end of it.

Today while trying to switch Insurance Companys, they end up pulling a report and telling me that my accident was determined to be 50/50.
Quickly call TD insurance and the rep tells me Yeah the accident was determined to be 50/50 and I have to wait for the Original Claims Rep to contact me to figure out what happened.
I know I won't get a call until Monday. But it's going to be on my mind the whole weekend.

IF for whatever reason she tells me some stupid reasoning or says it can't be changed anymore, can I escalate this or take them to court?

Just wondering if anyone has had a similar experience or recommends the next step if it isn't resolved.
They told me I was not at fault, they didn't charge me my deductible, it was waved.

Shouldn't they have told me it was 50/50?

Thanks in advance!

[Blastoff]

Kind of lost your story, did this happen in a parking lot? Might be best to talk to your insurance agent/broker.

[Houch]

No I was on a main road driving, she was came out of a parking lot and collided with me. It's literally that straight forward, no information missing or anything else.

Spoke to someone this morning from TD who also thinks it's ridiculous they accepted 50/50, so they are now trying to reach out to the department that deals with liability.

[Drewski Canuck]

Have you gone back to the location and taken LOTS of pictures showing the traffic control lanes which were not visible at the time of the accident due to SNOW???

You can probably do a google street view image and show what the lane markings where, and screen shot this as well.

However, your Insurer has the right under the Contract of Insurance to settle claims on your behalf under the policy. Rightly or wrongly.

Insurers use an Insurance Bureau of Canada agreement on apportionment of liability to settle the Property Damage claims between themselves. Curiously, Insurers never report to the Insured what they have done on their behalf on these property claims paid out on the Insured's behalf. First you will hear about it is from another Insurer who is assessing your future risk.

You MAY want to write a Letter to the Superintendent of Insurance and attach the photos as well as the Accident Report.

I can bet you whatever is in my wallet against whatever is in your wallet in regards to what the answer from your Insurer will be. Make sure you fill your wallet with lots of cash for me first!

You might get further with the Superintendent of Insurance though.

Drewski

[igorot]

Originally Posted by Drewski Canuck

Have you gone back to the location and taken LOTS of pictures showing the traffic control lanes which were not visible at the time of the accident due to SNOW???

You can probably do a google street view image and show what the lane markings where, and screen shot this as well.

However, your Insurer has the right under the Contract of Insurance to settle claims on your behalf under the policy. Rightly or wrongly.

Insurers use an Insurance Bureau of Canada agreement on apportionment of liability to settle the Property Damage claims between themselves. Curiously, Insurers never report to the Insured what they have done on their behalf on these property claims paid out on the Insured's behalf. First you will hear about it is from another Insurer who is assessing your future risk.

You MAY want to write a Letter to the Superintendent of Insurance and attach the photos as well as the Accident Report.

I can bet you whatever is in my wallet against whatever is in your wallet in regards to what the answer from your Insurer will be. Make sure you fill your wallet with lots of cash for me first!

You might get further with the Superintendent of Insurance though.

Drewski

Honest question how about dash camera footage. Can this be use as evidence in any accidents. Thinking of getting one.