Case Description

Dear Sir,

I was involved in a collision on the thoroughfare at the place of my employ three years ago. This thoroughfare has one "entrance" lane and one "exit" lane with a solid yellow line separating them. I had used this exit lane for 8 years to turn right (east). It was customary for vehicles to come up on my left (using the entrance lane to exit left, or west) as this was a busy industrial area.

On the day of my accident there was a transport truck with two vehicles directly behind it exiting the parking lot via the "incoming" lane. The last vehicle had no indicator on and the SUV behind the truck was obscuring any signal the truck "may" have had in.

As my lane, the "exit" lane, was free and clear I advanced in it. I presumed that the truck was making a left turn. As I could not see through the truck to ascertain whether it was "safe" to turn right, I stopped and waited for the truck to make it's turn. The truck started to move and when I noticed that he was going to turn right I panicked and honked the horn! He "did not" hear or see my vehicle and his trailer crossed into my lane crushing my car. His back tires wedged into my rear passenger door and dragged me forward and to the right several feet. Had I hit the right curb and the truck still moving, the back tires of the trailer would have come right over the top of my car and killed me! I was, and still am, traumatized from this accident. I am now on CPP disability because of it.

The worst was yet to come though! After reporting this accident to my Insurance Company and giving them a brief account of it, I was visited by a Rep from the man who hit me. After giving him a statement of events, he informs me that if I seek counsel, we will not be able to talk further. I expressed that I did not think I required a lawyer. Ten minutes after he left my house, my insurance company calls and says they have Mr. Irwin there and that I am 100% responsible for this accident! I was a STATIONARY vehicle sitting in my designated lane!

After several weeks they send me a letter saying that I am 100% responsible for this accident according to rule 10.4 of the fault determination rules. Up to this point I have had a 28 year 6 star perfect driving record. As I am unfamiliar with the fault rules, I look up this rule. Since I was car A in this accident, not car B, that would make him 100% responsible! Great! I inform them of this. They then say that I am 100% responsible according to the ordinary rules of law. O.K. I ask them which rule, but they are unable to tell me. After calling the FSCO who inform me that they `do not` have to tell me which rule they are using, they eventually tell me they are basing their fault on independent witnesses. Yet they have only ONE witness. This witness report, which I can send you, CONFIRMS that I was in my DESIGNATED lane for up to 10 seconds BEFORE he STARTS his turn!

For over three months now I have been awaiting a reply from the MTO and Provincial Government as to whether my insurance company has acted in bad faith by a) not doing a proper accident investigation
b) not applying the proper fault rule (10.4)

I have saved the e-mails, and elevated my complaint up to and including the President of Allstate as well as the Ombudsmen.

This wrong assessment of fault has affected my tort as they say I am 100% at fault for this accident! At no point have I or will I EVER accept any fault for an accident in which I did not cause! If it is NOW the law that you can hit stationary objects and not be held 100% accountable, then I want to know. Since this first accident, I hit some black ice on my way home from visiting my parents and hit a snow bank. Minimal damage to my car, no other vehicles involved and a police report stating that there had been a flash freeze. I reported this accident to my insurance company, as required BY LAW! As a result, they now determine me as a high risk driver and want to extort $7,000.00 a year out of me! In 30 years of driving, I hit a snow bank! After a heated argument with them, they then promptly cancelled my insurance policy. Great. I can no longer work or drive. I can`t even make it to my scheduled physiotherapy or see my psychiatrist.

I feel like throwing in the towel. But I will not. The statute for fault has now run out but I can prove diminished capacity. My insurer has acted in bad faith and I can prove it. I enlisted the help of W5 in getting answers for the wrong fault assessment and they are looking into it! I have contacted several other adjusters who gave me their unbiased opinion in the fault. All have agreed that rule 10.4 does apply in my case and that he is 100% responsible for hitting a stationary vehicle!

My current lawyer has told me that she does not deal with fault! She has also told me that the fault has nothing to do with the liability portion, yet the defendant is basing their settlement offer ($7,500.00) on the fact that I was assessed 100% fault!

I cannot afford another lawyer to fight this fault nor would it be cost effective for them to do so. So I went to W5. My lawyer said that this would affect my credibility, but I have no other way to fight them. She has just informed me that she is filing a motion to be removed from this case! Great!

This whole mess smells funny. These two insurance companies got together and took the path of least cost to either of them! The trucking company and his insurer, Great West Casualty are out of the USA. Their insurance laws may be different there, but bad faith laws are relatively the same everywhere! They were WRONG just in not applying the proper fault rule. Tell me something. If they were not in bed together, why would my own insurance company NOT fight to hold their driver at least partly responsible for this accident. Allstate continues to pay my income replacement benefits, but would not have had to (minus the first $2,000.00) under the loss transfer policy. They made a deal to screw me. Sorry about the language. I`m not that smart, but 2 and 2 are not equaling 4 here.

Most people would have given by now. Their treatment of me was unjust and corrupt. I am now faced with having NO representation and they are eager to settle my claim.

I need a good lawyer. I need answers from our government. I need someone well versed in the fault rules who is not afraid to take on these giants, who can continue with my tort and possibly a bad faith suit against BOTH insurance companies.

If you can help me I anxiously await your reply.

Regards,