July 28th, 2009

artlebedev poster, 2006-03-17, 2189

rear-ended by a cab on nightclub's driveway

© 2009 cnst for uwaterloo

I was rear-ended by a cab at about 02:15 this Saturday/Sunday night, on the (private) driveway from the Revolution night club when turning right to Marsland Drive. The base line: my car is new, so the estimate will be high, and I'm out-of-province, so my agent is a bit clueless.

The police officer who registered the accident told me that because it happened on the private property, technically, per Ontario's laws, it's not classified as a road accident, or something like that, so they didn't issue the guy who rear-ended me a ticket (per my understanding post factum). From my recollection, at least part of my car was already at Marsland Drive, and the angle of the damages seems to suggest that as well, so I'm not even certain that the cop would have been right not to give the cab driver a ticket for rear-ending me. (A bit of a problem is caused by the fact that because it was so busy, the cab driver convinced me that we had to move from the driveway to the steet to exchange the information, and then he suggested that we even drive away from the place of accident to the police station, after I told him repeatedly that I want the accident registered.)

The report that I have says that the cab driver was doing 5 km/h, and I was doing 0 km/h. The guy who's the owner of the cab, which is different from the guy who was driving it, called me today to ask if I want to resolve the matters privately. I then called my insurance agent in North Carolina, with which I haven't had the time to file a claim yet, and tried to explain my situation, and ask for his opinion on how things are going to work out, but he or his staff member didn't seem to be too interested in explaining to me exactly how the process works and what my exact options are, and what I should do, and who's going to be responsible for the damages.

So, my question is: why was the officer telling me that it's not clear who's insurance policy is going to be covering for the damages, if it is obviously clear who caused the accident? I tried popping into some local StateFarm agent here in KW, and they advised me that cops simply don't know the insurance laws and the process, i.e. a local agent / staff member seemed to be reasonably certain that I should simply contact my agent and file a claim, and there should not be any deductible for a case like that, and it doesn't matter where it happened, on private property or not, that they deal with parking damages all the time. What should I do? My car is a 2008 Jetta, the cab was some 1999 Toyota. From this alone, it doesn't seem like the cab owners (the driver doesn't even have a mobile phone) would have the money to cover for my damages, which are minor visually (includes a 10 to 20 cm crack), but I'm sure the repair estimates will be high.

P.S. My biggest surprise at the accident was the fact that when I was rear-ended at a night club at 2am on a Saturday, the car that rear-ended me was a cab. I originally thought that perhaps the accident would have 3 cars involved, but no, it was just the cab driver alone rear-ending me. If someone has a campaign for private cabs to be banned from picking up people from the night clubs, I'm all for it. P.P.S. Does Revolution play Justice?

as posted in http://community.livejournal.com/uwaterloo/600298.html