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  1. #1

    Default Rear-Ending a Car in a Traffic Circle

    My question involves an injury that occurred in the Province of: Ontario

    I live in Ontario, Canada. I was approaching a two-lane round-a-bout, in the outer lane. I had my friend in the car with me in the passenger's seat. As you know, you are supposed to yield to oncoming traffic, but if there is no oncoming traffic you're not supposed to stop. There was a man in front of me to enter the round-a-bout and no oncomig traffic, and his break lights weren't on so he wasn't stopping it slowing down, so I assume he was entering the round-a-bout, and I was planning on entering after him because there was no oncoming traffic. I looked to the side for one split-second to look at the other entrance lane, and when I looked back he was stopped directly in front of me and before I knew it I had gently rear-ended him. We both pulled over and called the police. When he came up to me I apologized profusely and made the mistake of revealing that I had never dealt with an accident before (I'm only 19). He then said, "the damage is minor but [I]my back really hurts[I]" as he touched his back. At that moment I knew he was going to try to make something out of this. My friend and I were both perfectly fine, and the police came and said I was free to go because there were NO DAMAGES.
    Later that day at school I saw a voicemail and it turned out to be Curo Claims calling, representing the guy and asking for clarification of the make and model of my car as well as what happened. I haven't responded yet and I feel like he's going to try to claim personal injury for this.
    Other details, if it helps: I'm a 19 year old girl, driving a car in my mom's name and I am on the insurance, and it is a 2001 Ford Taurus.

  2. #2
    Join Date
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    Default Re: Rear-Ending a Car in a Traffic Circle

    Changing the word "State" to "Province" does not change the fact that this forum is for U.S. legal questions. You should find a Canadian legal resource, or discuss your situation with a Canadian lawyer or your insurance agent.

    The accident does appear to be your fault. You weren't paying attention to the road in front of you, despite knowing a car was slowing, and as a result rear-ended that car. He may share fault for coming to a stop, but you have a duty to follow at a safe distance and to keep your eyes on the road in front of you. We're not in a position to evaluate any injury claims, but injuries can occur at low speed.

  3. #3
    Join Date
    Sep 2010
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    19,901

    Default Re: Rear-Ending a Car in a Traffic Circle

    While I am unaware of a Canadian equivalent to this forum, the FAQ in this post will refer you to various Canadian legal aid:

    http://lawstudents.ca/forums/topic/1...ok-here-first/

  4. #4
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: Rear-Ending a Car in a Traffic Circle

    As an informational place to start, Ontario has no fault auto insurance. That, coupled with free health care for residents has created a less litigious environment for personal injury claims. There is a base amount of a successful lawsuit that immediately goes to the state. Twelve years ago, it was the first 10k. When you factor in barrister fees, a small claim like it appears he is alleging will not likely meet the threshold of feasibility to initiate a lawsuit. Report the accident to your insurance in a timely manner and don't sweat it. You are not obligated to make a statement to his lawyer or insurance absent court requirement. The things you need to take away from this experience is to have learned your lesson about paying attention, driving defensively and not assuming a space will be clear for a 1 ton car.

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