Author Topic: Accident headache.  (Read 5019 times)

April 17, 2015, 06:12 PM #0

SlamdxB Offline

  • Regular Member
  • Posts: 15
  • Join Date: Feb 2015
    Location: Lorette, MB
  • Real Name: Joshua Lund
  • Vehicle: 2008 Scion xB, 1992 MR2 2.0L T
  • Reputation Power: 2
  • SlamdxB has no influence.
Alright so here's the deal, march 6th 9:55pm, I was doing 55 km/h down the median (middle) lane of Notre Dame (east bound).
Decent driving conditions and almost no traffic. A guy pulled out of Beverly St. went across all 3 lanes and while on about a 35 degree off of parallel from me and nailed my passenger side rear door and quarter panel.
We pulled over and exchanged what info we could (his English was not the greatest). I took pictures of the damage, plates, licence  and location. Unfortunately no witnesses.
I called it in the next morning and the guy made it sound like it was pretty clear cut that I was not at fault. Today I had to go into an MPI location to give a statement. I was confused why I would have to do this.
Turns out, not only did the guy say that it was my fault (trust me, without flat out lying and making up a totally different scenario, there's no way it being my fault could have produced the damage that occurred), he also had NO FREAKING INSURANCE at the time of the accident.
SO. MPI decided that they will investigate further in regard to if it was any bit my fault (which sucks cause even if it's only 50/50 i'll lose all my merits). Because he had no insurance, MPI told me that even if I'm not at fault, i'll have to pay my deductible. WAT. They said they would try to reimburse it later but not to hold my breath.
What I'm looking for here is the best way to go about defending myself. Should I call MPI and ask for the exact story he told them so I can disprove it or am I boned?
Also, does anyone know if MPI would wave the deductible in a case like this? I'm trying to come at this as professionally as possible but I'm finding it extremely hard to not get pissed off.
I don't feel like I should have to pay a deductible on an insurance policy I pay for and never use because of someone else's dumbassery.
Let me know if anyone has info that can help me.
Thanks!

    Top Tier Imports

    Accident headache.
    « on: April 17, 2015, 06:12 PM »

    April 17, 2015, 06:48 PM #1

    Juan Online

    • Posts: 398
    • Join Date: Feb 2014
      Location: winnipeg
    • Real Name: Jon
    • Vehicle: FRS
    • Reputation Power: 25
    • Juan barely matters.Juan barely matters.
    Wat? Thats pretty messed up but Mpi is pretty thorough with their investigations. Just give the statement and hope they get the truth out of the other guy.
    FAHRVERGNÜGEN

      April 17, 2015, 06:58 PM #2

      bobjacobson Offline

      • Regular Member
      • Posts: 183
      • Join Date: May 2014
      • Real Name: Rob
      • Reputation Power: 3
      • bobjacobson has no influence.
      Id find it hard to believe that they would take a guy driving without insurance at his word. He obviously has motivation to lie.

        April 17, 2015, 07:06 PM #3

        Matthew Offline

        • Regular Member
        • Posts: 1,194
        • Join Date: Mar 2012
          Location: Winnipeg
        • Real Name: Matt
        • Vehicle: '92 EH3, '05 Ranger, '00 Silverado, '00 EX250
        • Reputation Power: 82
        • Matthew is a force to reckon with.Matthew is a force to reckon with.Matthew is a force to reckon with.Matthew is a force to reckon with.Matthew is a force to reckon with.Matthew is a force to reckon with.Matthew is a force to reckon with.Matthew is a force to reckon with.
        Dumbassery is my new favourite word
        EH3 in the making.

        [May 26 14:52:31] ACiFiC:matt u r so cute i wish u were under my covers :3 :3 :3 :3 xoxo

        Been someones avatar count: 7

          April 17, 2015, 08:55 PM #4

          Lowridah Offline

          • Regular Member
          • Posts: 440
          • Join Date: Aug 2014
            Location: Winnipeg, Mb
          • Real Name: Chris
          • Vehicle: 2011 Mitsubishi Eclipse GT-P
          • Reputation Power: 22
          • Lowridah barely matters.Lowridah barely matters.
          You have photos with plates and names etc? call the police.  What I don't understand is how you allowed him to drive away without taking his policy down etc, you would have seen that his insurance was pooched at that point.

          This is why I will always, regardless of how bad an accident is call the police.  This province is messed in the head if they think im gonna take info and drive away.  The pooolice are coming, doin statements and an accident report being done up, In Ontario that's how it flew, and ill be damned if its not gonna fly that way here

            April 17, 2015, 09:33 PM #5

            themikewoo Offline

            • Regular Member
            • Posts: 8,644
            • Join Date: Apr 2012
              Location: 2537 Pembina Hwy, Winnipeg, MB R3T 2H5
            • Real Name: Jimmy Choo
            • Vehicle: 2006 Honda S2000
            • Reputation Power: 194
            • themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!

            April 17, 2015, 09:52 PM #6

            SlamdxB Offline

            • Regular Member
            • Posts: 15
            • Join Date: Feb 2015
              Location: Lorette, MB
            • Real Name: Joshua Lund
            • Vehicle: 2008 Scion xB, 1992 MR2 2.0L T
            • Reputation Power: 2
            • SlamdxB has no influence.
            Originally posted by Lowridah
            You have photos with plates and names etc? call the police.  What I don't understand is how you allowed him to drive away without taking his policy down etc, you would have seen that his insurance was pooched at that point.

            This is why I will always, regardless of how bad an accident is call the police.  This province is messed in the head if they think im gonna take info and drive away.  The pooolice are coming, doin statements and an accident report being done up, In Ontario that's how it flew, and ill be damned if its not gonna fly that way here

            I got pictures of plates, damage and his license. Never thought to check his registration. It might have been suspended for all I know so who knows if looking at his hard copy would reveal he had no insurance.
            I'll call them tomorrow and get a new adjuster or at least clarify what the hell is going on.
            I work for a body shop so I'll talk to a few people and see if they have any experience with this.
            Just too butthurt to not bitch about this someplace.

              April 18, 2015, 08:15 AM #7

              seanf Offline

              • Posts: 318
              • Join Date: May 2012
                Location: Winnipeg
              • Real Name: Sean
              • Vehicle: 4 Audis and a Cavalier
              • Reputation Power: 15
              • seanf has no influence.
              thats bull**** they want you to pay your deductible, you only pay if you're at fault or if they have to determine fault and you want your car fixed before that. Its up to autopac to re coup their losses from the uninsured. A similar thing happened to my cousin in regards to the deductible, she was hit head on by another car entering her lane, cut and dry other drivers fault. After getting out of the hospital she went to autopac to deal with her totaled car and was told they were taking her deductible off her payout. If almost dying isnt traumatic enough dealing with those monkeys after the fact is just as bad. All I have to say is complain, if its not working complain louder.

                April 18, 2015, 10:04 AM #8

                benz88 Offline

                • Posts: 2,654
                • Join Date: Mar 2012
                  Location: Area51
                • Reputation Power: 60
                • benz88 is a rising star!benz88 is a rising star!benz88 is a rising star!benz88 is a rising star!benz88 is a rising star!benz88 is a rising star!
                Reminds me of when someone hit my dads truck like that one time. He was turning left and she came from behind(ran a stop sign) hit his drivers side and it was 50/50. Apparently your supposed to check your rear view too when at a 4-way for oncoming traffic too according to them
                '91 240sx Hatch
                '93 Lincoln Towncar Lowrider
                '50 Pontiac Fleetleader 2dr
                '04 Chevy Silverado Crew 5.3
                '95 Silverado Diesel(RIP Nov 18th)

                  May 20, 2015, 11:52 AM #9

                  carterjalil Offline

                  • Posts: 643
                  • Join Date: Jan 2014
                    Location: Winnipeg
                  • Real Name: Max
                  • Vehicle: 2010 Maxima SV - Sport
                  • Reputation Power: 29
                  • carterjalil barely matters.carterjalil barely matters.
                  Mighty Power Insurance do whatever they want even though they know its not fair..
                  They gave a buddy $7,000 for a car he bought at $12,000 just 6 months ago.
                  They told him to bring for sale ads showing cars similar to his to prove the actual price..which he did and they still ended up giving him 7gs.
                  You still have the right to fight this,,like the mikewoo said maybe ask for another adjuster..good luck nonetheless

                    May 20, 2015, 02:19 PM #10

                    IanB Offline

                    • Regular Member
                    • Posts: 1,167
                    • Join Date: Mar 2012
                      Location: Winnipeg
                    • Real Name: Ian
                    • Vehicle: '93 Land Cruiser HDJ81/'99 MB E55t AMG
                    • Reputation Power: 42
                    • IanB might someday be someone...IanB might someday be someone...IanB might someday be someone...IanB might someday be someone...
                    I'd ask your adjuster how they propose events unfolded that lead to the damage to the 2 vehicles, illustrate how physics would never allow that to happen, and if you're still having issues request their supervisor.  Maybe point out how they should have the back of the party that actually PAID FOR INSURANCE, and be working with you and not against you.  Never forget, MPI sucks.
                    '93 Land Cruiser HDJ81
                    '99 MB E55t AMG - DD
                    '04 Lexus GX470

                      May 20, 2015, 02:25 PM #11

                      DonR Offline

                      • Posts: 2,901
                      • Join Date: Jul 2013
                        Location: Roland Manitoba
                      • Real Name: Don Reimer
                      • Vehicle: 83 CAMARO Z28/94 K1500
                      • Reputation Power: 80
                      • DonR is a force to reckon with.DonR is a force to reckon with.DonR is a force to reckon with.DonR is a force to reckon with.DonR is a force to reckon with.DonR is a force to reckon with.DonR is a force to reckon with.DonR is a force to reckon with.
                      This makes no sense at all... if he had no insurance it should be 100% his fault because he shouldn't have even been there.

                      a friend of mine got nailed at fault last summer when he rear ended at a red light. & because he had no insurance; " he technically should not have been on the road, and thus making it his fault " - MPI adjustor

                      I don't see why it should be any different here. If your car isn't insured can you not be ticketed and towed?  Which would make it against the law to be on the road w/o vehicle insurance.... which would mean this guy that hit you was breaking the law just by driving
                      [Sep 19 13:42:06] alexatwork21:I just want to rub butter on my body and dance the night away. Probably drink, maybe jack off a donkey. I just want to get lost in the moment.

                      89 240SX- SOLD
                      95 GTR- SOLD
                      03 RSX-S - SOLD
                      08 G6- wrekt
                      10 Gen Coupe- WREKT

                        May 20, 2015, 04:22 PM #12

                        Nhil Offline

                        • Regular Member
                        • Posts: 1,154
                        • Join Date: Jan 2013
                          Location: MBR Clubhouse
                        • Real Name: Josh
                        • Vehicle: 2000 Honda S2000
                        • Reputation Power: 91
                        • Nhil has great potential!Nhil has great potential!Nhil has great potential!Nhil has great potential!Nhil has great potential!Nhil has great potential!Nhil has great potential!Nhil has great potential!Nhil has great potential!
                        Whether or not you agree with it, uninsured motorist coverage generally has a deductible. In this case, your policy deductible. Same deal applies with an unidentified hit and run, since there was no policy to recover from, you are on the hook for the deductible. The alternative is having no coverage at all.

                        Not saying I agree with the reasoning behind this but that's how it work here and in most other provinces.
                        [Mar 02 10:56:01] TwoFourDee:..ever
                        [Mar 02 10:55:59] TwoFourDee:nobody quote me on that
                        [Mar 02 10:55:56] TwoFourDee:I actually like those rotas

                          May 20, 2015, 08:51 PM #13

                          IanB Offline

                          • Regular Member
                          • Posts: 1,167
                          • Join Date: Mar 2012
                            Location: Winnipeg
                          • Real Name: Ian
                          • Vehicle: '93 Land Cruiser HDJ81/'99 MB E55t AMG
                          • Reputation Power: 42
                          • IanB might someday be someone...IanB might someday be someone...IanB might someday be someone...IanB might someday be someone...
                          Originally posted by Nhil
                          Whether or not you agree with it, uninsured motorist coverage generally has a deductible. In this case, your policy deductible. Same deal applies with an unidentified hit and run, since there was no policy to recover from, you are on the hook for the deductible. The alternative is having no coverage at all.

                          Not saying I agree with the reasoning behind this but that's how it work here and in most other provinces.

                          That doesn't fly when they have a known at-fault driver they can recover from.  Not pursuing full recovery on behalf of their insured is just lazy on MPI's part.
                          '93 Land Cruiser HDJ81
                          '99 MB E55t AMG - DD
                          '04 Lexus GX470

                            May 20, 2015, 09:04 PM #14

                            Zantar the Mighty Offline

                            • Regular Member
                            • Posts: 57
                            • Join Date: Jun 2014
                              Location: south central canada
                            • Real Name: Zantar
                            • Vehicle: Z32
                            • Reputation Power: 4
                            • Zantar the Mighty has no influence.
                            MPI is a big fat pig and needs to be taken out for slaughter. They have had no reason to play fair for too long and the legislation in Manitoba makes their word gospel.  I try and keep positive but can't help feel that Manitoba is full of lazy ****s too stupid to protect themselves from themselves.

                              May 20, 2015, 10:34 PM #15

                              Nhil Offline

                              • Regular Member
                              • Posts: 1,154
                              • Join Date: Jan 2013
                                Location: MBR Clubhouse
                              • Real Name: Josh
                              • Vehicle: 2000 Honda S2000
                              • Reputation Power: 91
                              • Nhil has great potential!Nhil has great potential!Nhil has great potential!Nhil has great potential!Nhil has great potential!Nhil has great potential!Nhil has great potential!Nhil has great potential!Nhil has great potential!
                              Originally posted by IanB
                              That doesn't fly when they have a known at-fault driver they can recover from.  Not pursuing full recovery on behalf of their insured is just lazy on MPI's part.
                              I don't disagree, totally brutal on MPI's part, but they'll likely tell you to go after this guy in small claims to recoup your deductible.
                              [Mar 02 10:56:01] TwoFourDee:..ever
                              [Mar 02 10:55:59] TwoFourDee:nobody quote me on that
                              [Mar 02 10:55:56] TwoFourDee:I actually like those rotas

                                May 20, 2015, 11:19 PM #16

                                Murphenur Offline

                                • Posts: 646
                                • Join Date: Apr 2012
                                  Location: winnipeg
                                • Real Name: Chris
                                • Vehicle: 2007 Audi S6
                                • Reputation Power: 15
                                • Murphenur has no influence.
                                You need to fight the 50/50 fault.  You will pay your deductible until that changes.  You can escalate this to small claims court as well.
                                1995 Mercedes E320 Wagon

                                2007 Audi S6

                                1959 Mercedes Benz 180D

                                1980 Honda CX 500 Cafe

                                Sponsored by your mom and dad

                                scrapesloths

                                  May 21, 2015, 12:44 AM #17

                                  SlamdxB Offline

                                  • Regular Member
                                  • Posts: 15
                                  • Join Date: Feb 2015
                                    Location: Lorette, MB
                                  • Real Name: Joshua Lund
                                  • Vehicle: 2008 Scion xB, 1992 MR2 2.0L T
                                  • Reputation Power: 2
                                  • SlamdxB has no influence.
                                  Basically from what I've been told, they cannot factor in that he had no insurance at the time since it's "technically different matter". Total bull**** since he now has motivation to lie and say I was at fault since MPI will go after him for the repair cost of my vehicle. I've requested another adjuster but they gave me the whole "we don't do that because people would just get new adjusters until they get the answer they want". I understand this to a degree but this is getting ridiculous. At this point I don't even care about the deductible anymore. I've been waiting for response from MPI for over a month now (I was told 2 weeks). They are not returning my calls. If I am held 50/50, I'm taking this guy to small claims court. Tired of this crap, I need a dashcam. 

                                    May 21, 2015, 06:28 AM #18

                                    themikewoo Offline

                                    • Regular Member
                                    • Posts: 8,644
                                    • Join Date: Apr 2012
                                      Location: 2537 Pembina Hwy, Winnipeg, MB R3T 2H5
                                    • Real Name: Jimmy Choo
                                    • Vehicle: 2006 Honda S2000
                                    • Reputation Power: 194
                                    • themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!

                                    May 21, 2015, 11:20 AM #19

                                    SlamdxB Offline

                                    • Regular Member
                                    • Posts: 15
                                    • Join Date: Feb 2015
                                      Location: Lorette, MB
                                    • Real Name: Joshua Lund
                                    • Vehicle: 2008 Scion xB, 1992 MR2 2.0L T
                                    • Reputation Power: 2
                                    • SlamdxB has no influence.
                                    Just got a call from MPI. Good news and bad news. As suspected, because he had no insurance, I'm on the hook for the deductible. I plan on taking him to court for this.
                                    The good news is that MPI has ruled that it is 100% his fault. The bad news is they told me that he plans on suing me and that there is a good chance I'll have to go to court to defend myself.
                                    I have no doubt in my mind that I would win and he would be foolish to take me to court after not having insurance AND MPI ruling him at fault. Just kind of sucks that I would have to go
                                    through that just because he wants to lie.
                                    Any suggestions on what to do now?
                                    Do I try to take him to court and serve him before he serves me? Never even been to court before.
                                     

                                      May 21, 2015, 11:29 AM #20

                                      Streko Offline

                                      • Posts: 236
                                      • Join Date: Jul 2014
                                        Location: Winnipeg, MB
                                      • Real Name: Paul O.
                                      • Vehicle: 2007 Subaru STi
                                      • Reputation Power: 7
                                      • Streko has no influence.
                                      This may be just my opinion, but why do you need to sue him first? Unless you actually get served, they haven't sued you yet. If MPI is covering the repairs and you need to only worry about the deductible, which you mentioned may be reimbursed, then it may be better to play on the defensive. Gather very effective and detailed information along with what you can gain from MPI about the claim decision. If possible, you can consult a lawyer to see what would be needed before any proceedings.
                                      I don't drive fast, I fly really low.

                                        May 21, 2015, 12:03 PM #21

                                        themikewoo Offline

                                        • Regular Member
                                        • Posts: 8,644
                                        • Join Date: Apr 2012
                                          Location: 2537 Pembina Hwy, Winnipeg, MB R3T 2H5
                                        • Real Name: Jimmy Choo
                                        • Vehicle: 2006 Honda S2000
                                        • Reputation Power: 194
                                        • themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!themikewoo is awe-inspiring!
                                        I would write down everything that happened word for word since it is still fresh in your mind. Our court system is so slow it might be years before you are in front of the judge and will most likely have forgotten a lot.

                                        Sent from my HTC One using Tapatalk


                                          May 21, 2015, 01:13 PM #22

                                          IanB Offline

                                          • Regular Member
                                          • Posts: 1,167
                                          • Join Date: Mar 2012
                                            Location: Winnipeg
                                          • Real Name: Ian
                                          • Vehicle: '93 Land Cruiser HDJ81/'99 MB E55t AMG
                                          • Reputation Power: 42
                                          • IanB might someday be someone...IanB might someday be someone...IanB might someday be someone...IanB might someday be someone...
                                          Agreed with TMW, take a written "statement" from yourself, outlining everything that happened during the accident, and afterwards up to this point so you have it to refer back to.  Be as detailed as possible, and put together a file with all documentation, pics, etc related to the incident. 

                                          You have to really ask yourself if it's worth $200 to go through the work and time away from your job to pursue this joker for your deductible.

                                          I'm not a lawyer, and this might not be a thing in small claims court, but should he follow through and sue you, you might be able to countersue him for your deductible without having to initiate the court proceedings.  That way, since you have to attend anyways, you can kill 2 birds with 1 stone.
                                          '93 Land Cruiser HDJ81
                                          '99 MB E55t AMG - DD
                                          '04 Lexus GX470

                                            May 21, 2015, 01:44 PM #23

                                            CodyLoewen Offline

                                            • Regular Member
                                            • Posts: 1,062
                                            • Join Date: May 2013
                                              Location: Winnipeg
                                            • Real Name: Cody Loewen
                                            • Reputation Power: 40
                                            • CodyLoewen might someday be someone...CodyLoewen might someday be someone...CodyLoewen might someday be someone...CodyLoewen might someday be someone...
                                            What is he sueing you for? Seems like a losing battle on his end.  I would just pay your deductible and wait to see if he actually proceeds to sue you in court.  His legal council will probably try to advise him not to pursue it anyways.
                                            1999 Honda Civic

                                            [Feb 22 16:57:22] Shaun:i dont wanna be friends with fence posts 

                                            Faken:if i get this promtion.. i might get a convertible..
                                            Shaun:a convertible what? pen? yes this pen turns into a coupon holder.

                                              May 21, 2015, 02:10 PM #24

                                              IanB Offline

                                              • Regular Member
                                              • Posts: 1,167
                                              • Join Date: Mar 2012
                                                Location: Winnipeg
                                              • Real Name: Ian
                                              • Vehicle: '93 Land Cruiser HDJ81/'99 MB E55t AMG
                                              • Reputation Power: 42
                                              • IanB might someday be someone...IanB might someday be someone...IanB might someday be someone...IanB might someday be someone...
                                              Originally posted by CodyLoewen
                                              What is he sueing you for? Seems like a losing battle on his end.  I would just pay your deductible and wait to see if he actually proceeds to sue you in court.  His legal council will probably try to advise him not to pursue it anyways.

                                              People who can't afford to pay for their auto insurance don't generally use legal counsel for small claims court proceedings.  Small claims court is the wild west, in that anything can happen.
                                              '93 Land Cruiser HDJ81
                                              '99 MB E55t AMG - DD
                                              '04 Lexus GX470

                                                Top Tier Imports

                                                Accident headache.
                                                « Reply #24 on: May 21, 2015, 02:10 PM »