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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I witnessed an accident in a strip mall at a 4 way stop sign.

Customer Question

I witnessed an accident in a strip mall at a 4 way stop sign. I was following a friend; she slowed at the stop sign, but missed the actual stop and struck the rear passenger side of another car. The accident occured in Calgary Alberta Canada.
If called on, I can't lie; however, I thought the other car, a sports car was moving fairly quickly. It doesn't make sense to me considering it was a "late hit". I was looking ahead and did witness the accident however cannot recollect whether the other driver was indeed stopped. Did he roll through? Did he come to a stop then gun it through the intersection? Maybe he missed the stop.
The other driver has since called my friend and offered a deal. He will get an estimate; if my friend will pay for the damage to his car., he will not report the accident to his insurance company. I know that accidents in stip malls are tricky; regardless of the circumstances both cars may be found 50/50. My friend did have an accident sticker on her car; she was parked and "hit and run", the other driver did notice the sticker. My friend has also been involved in a recent moving accident; we are concerned she could be denied insurance later should this accident be reported. I figure the other driver realizes subrugation claims are tricky and regardless would end up with higher premiums and could end up partially at fault.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
I am not sure what your question is. Please explain what legal information you need.
Customer: replied 2 years ago.
Kind of long winded.
Based on what you have read and your experience how would this accident be subrugated? Could the other driver be found partially at fault? Keep in mind this is a strip mall with a 4 way stop. Would claims in strip malls usually be subrugated 50/50 or 75/25 under these circumstances?
Expert:  Debra replied 2 years ago.
The law relating to fault calculations apply the same to private property as elsewhere.Generally is one car is backing up then the insurance companies tend to find that driver 100% liable. But otherwise it really depends on the facts. If both drivers went through the stop sign then likely the finding would be 50% liability for each of them. Unfortunately, if you are subpoenaed as a witness you have no options available but must testify and tell the truth as you know so it is possible you will end up harming your friend but that cannot be helped.

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