Passing on the Right Collision Liability

On a single lane intersection with a bycicle lane adacent, I was having a rolling stop and signalling right to proceed for a right turn. A car in front having left turn signal on stopped before me. The other car from rear drove to the right side of the road and came forward. Then two cars collided. (Other car driver said I had no right turn signal on.) ICBC applied the ACt 158 (1) passing on the right and ACt169 starting a vehice to the case and said I hold 75% of responsibility while other driver holds 25%. I disputed and the manager insisted on her correctness. Do you think it is a fair and accurate decision?( I read your opinion on an article from your website  with similar details.) What measures would you suggest to deal with the claim?

Thank you very much. I should be grateful if you would give me advice at your earliest convenience as it has been almost two months since the assessment letter was received.

Your post is not exactly

Your post is not exactly clear, sounds like you are assigned 75% fault for two cars colliding in-front of you...

Please clarify:
- Was it a light controlled intersection, what was the light? (address would let us Google-map it)
- Which cars collided? (May assign numbers to cars - yours being #1)
- What damage was given to your car and where
- What damage occurred on the other vehicle that hit you?

Answer

I am not a good source of advice when it comes to liability for collisions. This is in the area of civil law and police officers work in the area of criminal law which is different, so I have little experience to answer with. I always suggest Lawyer Referral as it is a cost effective way of getting proper legal advice.

That said, you can get some idea of how the courts view this situation by researching case law. I have an assortment of cases here on the site (click the case law link in the previous sentence), and you can search yourself at the BC Supreme / Court of Appeal site or for provincial court decisions on the CanLII site. The provincial court decisions are for Small Claims.

There are also internet sites that appear to be reputable giving advice on ICBC claims:

These are three that I have chosen at random and may not be fully representative of what is available. Suggestions to add to this list are welcomed.

Finally, there is an independent claims review process that you may qualify for, but this must be entered into within 60 days of receiving your letter about the fault assessment (letter #CL281).

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