g_is_for_canada

Some mad woman was overtaking queing traffic in the bus only lane in town while I was making a legitimate turn into my apartment complex. She hit my vehicle and now ICBC has determined it's my fault despite me having all the witnesses and saying that she was clearly driving ilegally/recklessly.

Has anyone had any issues with ICBC as they don't seem to consider the circumstances of the crash, just that as I was crossing the opposing traffic, it must be my fault. Does anyone know of a reasonable lawyer who could represent me, as having researched a couple of similar cases, it seems that this is the only way to go.

I curse ICBC and that damned lunatic woman.

dingbat

Fight them yourself, but deal only with head office and get a supervisor. They do negotiate on percentage at faults - i.e. she was in the bus lane - not permitted - (it has to be at least 50:50) and go from there. To be honest, it's going to be a mother of a battle. Your insurance will go up dramatically (plus the costs of her repairs they will nail you for in part - there is an at fault penalty coming) BUT if the circumstances are as you describe I would fight tooth and nail to have her held at least half liable.

If you are going to claim for anything against her, I heard the name John Mickelson in connection with a successful fight against ICBC. I have no direct experience of him however!

g_is_for_canada

Many thanks - some really useful pointers there.

I haven't really explained the situation well, as it's irrelevant whether I or anyone thinks the other party was at fault, except what ICBC determine.

However, I have already argued the point with the claim adjuster and they have disregarded what I've said, and that of my witnesses. I believe I have the right to assume other people are law abiding on the road.

What ICBC are saying is that as I have to give way to drivers coming the opposite direction, I automatically am at fault unless proven otherwise. My argument is that while this is fine, the other driver wasn't with the opposing traffic. Had she been driving on the sidewalk under the same circumstances, would she still be without fault.

Ironically, the other person is a Safety Inspector for Transport Canada, so I'm not outruling the possibility of some string pulling and dodgy agreements there. Or perhaps I should just pack in driving here, despite 22 years of trouble free motoring in Britain, and **** off home. My 9 months here have been a ****ing nightmare

Calgal

From what you're saying:

The other vehicle was still 'oncoming', right? (As in coming towards you in the opposing flow of traffic). Now - whether it was a bus in the bus lane or some other vehicle in the bus lane - it is still oncoming, and you have to yield to it. They *could* have slapped you with "driving without due care and attention".

You didn't mention whether police were involved or not? I don't know where you are, but here you HAVE to report to police if damage is over $1000 (these days, that doesn't take much). Though how the heck Joe public is supposed to be knowledgeable about that, is beyond me