Who is At Fault in a Sideswiped Car Accident?

When you hear the words “car accident” the first things that most people think of are the overly-dramatic crashes and collisions that are portrayed in the media and on television. 

While these types of accidents do occur, they are merely the tip of the iceberg; there are several different types of car accidents, all of which come with their own risks and expenses. 

Side swiping is one of the overlooked (yet relatively common) types of car accidents that occur on Canadian roadways. Although side swiping may not be as prevalent as other types of accidents, they can cause a significant amount of physical damage to vehicles, drivers and passengers.

Furthermore, if you side swipe a car and are deemed at-fault (an insurance term that refers to the party responsible for the accident), then you’ll most likely see an increase in your car insurance rates. This brings us to today’s topic: determining fault after side swiping a car.

Continue reading to learn more.

What is a side swipe car accident?

Side swiping happens when the sides of two, separate vehicles collide or “swipe” each other. 

Side swiping can happen to vehicles going in the same direction (this generally occurs while merging lanes or passing) or in the opposite direction (this is generally caused by swerving, distracted driving, etc.).

Drivers should note that side swiping can do quite a bit of damage to the exterior portion of a vehicle. You can expect to pay anywhere from $500 to over $2,000 dollars to repair and repaint your vehicle (depending on the severity of the side swipe car damage). This number can get even higher if your vehicle has side sensors!

Additionally, side swiping can lead to a variety of injuries, like whiplash. Many side swiping accidents also result in shoulder and pelvic injuries.

With all of this in mind, it’s easy to see why drivers should do their best to avoid side swiping other vehicles.

Who is at-fault for a car side swipe?

If your car was recently side swiped, you’re likely wondering if you’re at-fault or if the other driver is at-fault.

In most cases, the at-fault party is the driver who initially broke the rules of the road or failed to adhere to proper driving practices.

Here are some examples:

Example #1

You’re driving on a two-lane road with a solid line and a motorist accidentally side swipes you while making an illegal pass. In this scenario, the other motorist would be deemed at-fault for the accident due to the fact that they broke one of the rules of the road.

Example #2

You’re driving on a two-lane road while texting on your phone and accidentally swerve into the opposite lane. As you swerve, you accidentally side swipe an oncoming vehicle. In this scenario, you would be deemed at-fault due to the fact that you were texting and driving (a common example of distracted driving), which caused you to swerve into the opposite lane.

What should you do after you accidentally side swipe a car?

If you accidentally side swipe a vehicle (or get side swiped by another motorist), the first thing that you should do is collect yourself and pull over to the side of the road as safely as possible.

After calming yourself down and checking yourself for injuries, step out of the vehicle and assess the severity of the side swipe car damage.

If the other driver pulls over, check on them to make sure that they aren’t seriously injured. If the other party isn’t injured, exchange contact and insurance information with them.

Depending on the level of damage and severity of the injuries, you may need to call the authorities. Definitely take photos of both vehicles and the surrounding area as additional proof of fault, and if there are traffic cameras in the area, note those.

Additionally, if the combined vehicle repair cost is $2,000 or more, you’ll need to report the accident at a nearby accident report centre. If the collective damage is under 2,000, it counts as a minor accident, and you aren’t required to report the event.

Afterwards, we suggest scheduling an appointment with your health specialist. You can use your health records to back up your claim (should you choose to make one).

Lastly, don’t forget to notify your auto insurance provider or insurance broker. Even if you decide to cover the expenses out of pocket, you’ll want to let your car insurance company know about the incident. This will ensure that the damage doesn’t affect future claims or land you in hot water with your provider. Let the insurance provider also know if there were traffic cameras in the area and the location of those.

5 common causes of car side side swipe accidents in Canada

Side swiping another vehicle is a serious and costly event, so you should do everything that you can to prevent these accidents from occuring in the first place.

If you want to minimize the chances of getting into a side swipe accident, the best thing that you can do is learn the common causes.

Some of the most common causes of side swiping accidents include: 

• Operating a vehicle under the influence of drugs and/or alcohol
• Operating a vehicle above the set speed limit
• Failing to adhere to proper driving practices (obeying traffic signs, driving irresponsibly, etc)
• Operating a vehicle while distracted
• Operating a vehicle while angry, upset or tired

Will your insurance rates go up if you side swipe a car?

Yes, like other types of car accidents, being deemed at-fault for a side swipe car collision can have a negative impact on your auto insurance rates. 

Getting into a car accident increases your risk level as a motorist. So, the more accidents that you get into, the higher your auto insurance rates will get.

On the other hand, the longer you go without getting into an accident, the more opportunities you have to save! 

For instance, if you opt for a disappearing deductible, you can reduce your deductible by a set amount for every renewal period that you’re claim or accident free.

Speaking of car insurance, if you want to find cheap car insurance quotes, you should contact one of our team members at Surex.

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At Surex, we know all too well that car insurance can be expensive; that’s why we want to help you save! We’ve made it easier for Canadians to find and save on the best insurance in the industry by teaming up with some of the top-rated insurance providers in the country.

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