Case Description

I was nearly in the center of the intersection facing south and stopped, waiting to turn left and the light was yellow and let two vehicles pass, then the light changed red. I released the break ready for a left turn and just move about half of a meter or less but I stopped again. At the time I didn't take action for a left turn to prevent accident because the car going straight ahead north came speeding up instead of pushing her break to stop. At the north bound, the estimated distance of the car that time from my car was about 30 meters and, not less than 20 steps from the white, solid, and thick line (stop line) and not less than one and half second the car hit us but before she hit us she stirred her car left and hit the front of my car from the center left with the front left side of her car. Then she stirred back right that pushed my car backward and dragged in a sideway motion with her car and that time the light was still red. The collision shouldn't have happened if she did not drove the car and these other reasons: the lady had a Learner's Drivers License only and didn't have a driver supervisor. Also, she has three passengers; two friend's daughters (a teenager and a younger one) and her daughter (a toddler).

My wife moved out from our car and talked to the other party and took her cell phone out but the other party stopped her to call any authority and told us that she will pay for all the damages but we refused because we want to do the right thing. However, the fire truck came and their conversation was stopped, then, the medic, and a towing truck. The fireman asked what happened, and later the police came (RCMP), who investigated both sides. Then their car and ours were moved out of the intersection and brought toward the side of 156st., facing north to free both sides of traffic.

Both drivers were told to write our information on a sheet of paper given by the police. During that time my wife saw the teenager, one of the passengers in the other car wrote in the paper and gave it to the police. My wife asked what was that and they said as witness so she asked if she could also be a witness but the police said no, just one. Because we are still new in Canada, we did not bother how important was it to check that time. And my wife thought the teenager served as witness that both parties were giving their information like in the witness in a contract. Please note that nobody stopped in the place of incident other than those mentioned earlier except the husband of the lady driver who arrived in the scene around 30 minutes after the collision.

When the police said that it's ok for us to go and told us that he will call us in two days, the other parties were left with the police. We did not stay longer since my children will be performing in their school's Christmas concert.

Now, ICBC is 100% giving me the fault because the other party got a witness who said the other party entered in the intersection on a late amber light and not red. ICBC told us that the witness stopped in the scene and gave her contact name and number to the police. So, I asked ICBC to investigate the validity of the witness since we did not see anybody who stopped in the scene to be as witness, the only lady that gave a witness information was the teenager. If she wrote a different information from hers in the sheet then it will come out. However, ICBC told us that they do not have the authority to question the validity of the witness. Please note that the police never called us as promised, my wife called the police twice already, left a message, her name and contact numbers but up to the present we did not receive any call from the police.

Please help us out in our problem, all we wanted is justice. Thank you very much.