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I know everyone hates reading, so I will try my best to be concise.
The action starts around 4min 10second mark in the first video...
My sister in law gets into an accident on highway one
They pull over, copy each other's info and everyone goes on their way
She makes an claim and admits full responsibility to be at fault
Today ICBC calls in and says the other party is claiming injury for a "passenger" in the vehicle
When she tries to tell the adjuster that there was only the driver in other vehicle, the adjuster refuses to talk further details as he says it is confidential
I re-watch the clip a couple of times and could almost be sure there was no passenger in the other vehicle
Now RS, here is what I need help on, what are our options?
If we show up to the claim centre with the video above, is this enough to clear our name?
Is there anyway we could get ICBC to contact other people on the scene, such as that silver Honda Pilot/Acura MDX driver who parked in the front?
And seriously, that hit was enough to claim injuries? There was like no damage to the car....
//end rant
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Unless you can prove there is no one there its a hard one to fight. Even if there not visible in the video they could be short in the back seat or front.
As for the hit, yes that's enough to become injured. Sadly my wife and myself were both injured (not severely but enough you felt it for a couple weeks).
Show them the footage as evidence and who knows, they may be able to make it work for you.
At the end of the day, it wouldn't hurt your chances to submit the video. Maybe the ICBC investigator will it as enough evidence to prove her side of the story.
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send the video to ICBC, their fraud department will probably investigate, let them do their job.
and your sister-in-law should really pay attention to the road...there was plenty of time for her to react...
Doesn't hurt to send the video in, but from watching the video myself I can't tell whether there was or wasn't a passenger.
How many accidents were there? the Silver SUV rear ended someone, and the dump truck ahead is stopped as well?
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Send the video in and get a lawyer. Also I completely agree with Ferra, she had more than enough time to stop had she been paying attention to what was going on in front of her. It's hard to miss a dump truck braking/swerving like that.
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your SIL was sure there were no passengers in the Yaris? he could've easily claimed it for himself...seems odd to claim it for a passenger instead. It also looks like he is aware he's on camera end of 2nd video...I doubt he'll flat out lie if he knows a footage exists.
What happens next in the video? You would be able to see if any passenger in the car at least turns back to look at the car or the driver behind who hit them. Natural human reaction.
Based on the video, doesn't look like there was a passenger... But as for solid evidence, there is nothing definitive that shows there wasn't a passenger.
Submit the video since there's nothing to lose. If there was a passenger in the car, they would have to be rather short. Investigation could press him to see who exactly was the passenger and maybe come up with a contridiction based on that person's height. Good luck with your situation.
__________________ __________________________________________________ Last edited by AzNightmare; Today at 10:09 AM
Last edited by AzNightmare; 02-23-2016 at 09:15 PM.
OP, as others have said, sending in the video and letting ICBC do their investigative work is probably your best bet. We can make all sorts of assumptions but the problem is the passenger could've just been an old grandma who was in fact actually hurt. I think ICBC will be proactive and look into it, particularly in light of recent increases in fraudulent claims.
Just wondering why do u need to defend yourself against this minor injury claim.
Your coverage will more than enough cover it.
paying for minor damages and not having rate go up vs getting screwed and losing 5-6 steps of discount
usually at time of accident you're supposed to get information on everyone present, arent you?
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1. I thought I could see a passenger move around at a couple spots there, but it may have just been a car further up passing by/changing lanes, it's hard to see
2. was the black Tahoe? hit from the Yaris being pushed into it? maybe the passenger claim came from there
3. submit the video, worth a shot
4. looks like there was an accident ahead, which caused her accident, she may be able to get a contributory negligence finding in court
5. she shouldn't be singing and driving if she can't multitask, she had more than enough time to avoid it (don't just look at 1 car ahead of you... but even then there was time)
6. also, she sounds really annoying, I pray for your brother
Just like Asian driver = automatic easily avoidable accident...
As said above if he wanted to pull a scam he would've claimed injury for himself as well. The video proves nothing other than horrendous reaction time, there could have been a child in a car seat.
First video at the 0:36/0:37 mark shows NO PASSENGER IN FRONT SEAT
You can see the light of day between the bottom of headrest and top of the seat.
So unless it was a child in the front, or a very short person in the back seat, I would call bullshit. If ICBC doesn't want to discuss, I'd lawyer up and not give ICBC the video.
I would also put blame on the Silver Honda Pilot? for negligent driving. You can clearly see in the second video there is a HUGE DELAY before he puts on his brakes, realizes it's too late and tries to swerve causing the dumptruck to serve. (Can see his exhaust stacks in the video swerve afew cars ahead)
Your sister is 100% at fault for her part of the accident, yet some negligence can be put on others aswell. Did the dumptruck have to come to a full stop if the Silver Pilot didn't swerve? Stuff a lawyer can answer.
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Honestly, from watching the videos, it doesn't seem like there was a passenger in the blue Yaris. However, the videos cannot definitively show and prove that there wasn't a passenger. From the video angles, seat covering the line of sight, and window glare, it's difficult to see who is in or not in the passenger seat.
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Unknown "If someone has to pass you on the right, you are in the wrong lane."
have person claimed to be passenger sit on a chair.
measure height from seat bottom.
measure yaris seat surface to headrest top
compare if person's head would stick up or not.
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