Car Hit Me When Turning Right: Insurance and Fault Guide

According to the Federal Highway Administration, intersection-related collisions account for more than 45% of all reported crashes. 

So, if your question is, “A car hit me when turning right. Who is at fault?”  The answer depends on who had the right of way and what both drivers were doing before the crash. 

In many cases, the driver making the right turn is at fault because they did not give the other vehicle the right of way.  However, this is not always the case. 

The other driver may be partly or fully responsible if they were speeding, ran a red light, changed lanes suddenly, passed on the right, or hit your vehicle from behind. 

After a right-turn accident, take clear photos of the vehicles, road markings, traffic signals, and the crash scene. 

This guide explains how fault is determined in a right-turn collision, when the other driver may be responsible, what evidence to collect, and how the insurance claim process works. 

Therefore, let’s get into it! 

Who Is Usually at Fault in a Right-Turn Accident?

The driver making the right turn is often at fault if they fail to turn into the path of another vehicle. 

However, fault is not automatic. It depends on the traffic signal, right-of-way, and what both drivers were doing before the crash.

1. Turning Right on a Red Light

A driver turning right on a red light must come to a complete stop and wait until the road is clear before turning. If there is a No Turn on Red sign or a red arrow, the driver must not turn.

If the driver turns before it is safe and enters another vehicle’s path, they are usually at fault. 

2. Turning Right on a Green Light or Green Arrow

A green light or green arrow does not mean you can turn without checking. Always watch for pedestrians, cyclists, and vehicles already in the intersection.

If you turn on a protected green arrow and another driver runs a red light and hits you, the other driver may be at fault. 

3. Turning Out of a Driveway or Parking Lot

Drivers leaving a driveway or parking lot must wait for traffic already on the road before turning. They should also check for pedestrians and cyclists before entering the road.

If you pull out into the path of another vehicle, you may be at fault. 

When the Other Driver May Be at Fault

The driver making the right turn is not always at fault. The other driver may be partly or fully responsible if their actions helped cause the crash. In some cases, both drivers share responsibility.

1. The Other Driver Was Speeding

A speeding vehicle is harder to judge and has less time to stop, which can increase the risk of a collision. The other driver may share fault if they were speeding. 

2. The Other Driver Ran a Red Light or Stop Sign

A driver who runs a red light or stop sign may be responsible for the crash. Dashcam footage, traffic cameras, witness statements, and the police report can help show what happened.

3. The Other Driver Changed Lanes

The other driver may be at fault if they changed lanes into your path while you were making a safe right turn. 

This type of crash is common in lane change collisions, where a driver moves into another lane without making sure it is clear. 

4. The Other Driver Hit You From Behind

If you slowed down normally, used your turn signal, and were hit from behind, the driver behind you may be responsible. Drivers should leave enough space to stop safely behind another vehicle.

5. The Other Driver Tried to Pass on the Right

A driver who tries to pass on the right while you are turning may cause a collision. Whether either driver is at fault depends on how both drivers acted.

What Determines Fault After the Collision?

Insurance companies and investigators determine the fault through the drivers’ statements, police reports, witness accounts, vehicle damage, photos, videos, and the traffic laws that apply to the crash.

ICBC explains that its claims representatives may review police reports, obtain statements from drivers, witnesses, and passengers, consult the estimator who reviewed the vehicle damage, and consider previous court decisions when determining fault. 

Who Had the Right-of-Way?

The first question is which driver had the legal right to proceed. Insurers and investigators may examine:

• The colour of each traffic signal
• Whether either driver had a protected arrow
• Stop or yield signs
• Lane arrows and road markings
• Pedestrian crossings and bike lanes
• Whether one vehicle was already established in the lane or intersection

A driver turning right may be at fault for entering another vehicle’s path. However, the result can be different if the turning driver had a protected green arrow or the other driver ignored a traffic signal.

Where Did the Vehicles Make Contact?

The damage on both vehicles helps explain how the crash happened. Damage to the front corner of the turning vehicle may show it moved into another vehicle’s path. 

Damage along the side or rear of a vehicle may suggest the turn was already in progress before the impact.

Can Both Drivers Share Fault?

In some crashes, both drivers share fault instead of one driver being fully responsible. In Ontario, insurers must assign each driver a percentage of fault using the province’s official Fault Determination Rules. 

ICBC also provides examples of shared-fault crashes, including a right-turn collision where one driver was found 75% at fault and the other 25% at fault. 

What Should You Do After the Accident?

After a right-turn accident, focus first on safety and medical needs. Once the immediate danger has passed, collect information and preserve evidence before vehicles are moved. 

1. Stop Safely and Check for Injuries

Stop your vehicle and turn on the hazard lights. Check yourself, your passengers, and anyone else involved for injuries. 

Call 911 if anyone is hurt or the accident scene is unsafe. Do not put yourself at risk to take photographs or inspect the damage.

2. Exchange Information

Exchange contact, driver’s licence, vehicle, and insurance details with the other driver. Stay calm and avoid arguing about who caused the accident. 

3. Take Photos and Gather Evidence

Take clear photos of the vehicles, damage, licence plates, traffic signs, road markings, and the surrounding area. Save any dashcam footage and collect witness contact informatio.

4. Write Down Important Details

Record the time, location, weather, and direction each vehicle was travelling. These details can help explain how the accident happened later.

5. Report the Accident

Report the collision if required by local laws. Contact the police or a collision reporting centre when necessary and keep any report number for your records.

6. Contact Your Insurance Company 

Notify your insurance company as soon as possible, even if you believe the other driver caused the accident. 

Be ready to share the date, time, and location of the crash, the other driver’s details, photos or videos, witness information, the police report number (if available), and a clear explanation of how the collision happened.

7. Keep All Records

Save photos, videos, repair estimates, police reports, and claim documents. These records can help if there is a disagreement about fault or how the accident occurred.

How Will the Insurance Company Decide Fault?

After you file a claim, an insurance adjuster investigates how the right-turn collision happened. 

They compare both drivers’ statements with the available evidence instead of relying on only one person’s version. The adjuster may review, 

• Traffic laws and right-of-way rules.
• Statements from drivers, passengers, and witnesses.
• Photos, dashcam footage, or security camera video.
• Police or collision reports.
• Vehicle damage and the point of impact.
• Traffic lights, road signs, and lane markings.

The adjuster then decides whether one driver is fully at fault or whether both drivers share responsibility. 

For example, one driver may be at fault for making an unsafe turn, while the other may also share fault for speeding or making an unsafe lane change. 

In Ontario, insurers use the Fault Determination Rules, and fault can range from 0% to 100%, depending on the evidence.

When Should You Get Legal Advice?

 

You may need legal advice if you were seriously injured, fault is disputed, or your insurance claim is denied or undervalued. A lawyer can explain your rights and help you understand your options. 

You should also consider speaking with a lawyer if:

• The drivers disagree about who had the right of way.
• The insurance company says you were partly at fault unfairly.
• Important evidence, such as dashcam or CCTV footage, could be lost.
• Your injuries need ongoing treatment or stop you from working.
• The crash involved several vehicles, cyclists, or pedestrians.
• The insurer pressures you to accept a quick settlement.

A lawyer can review the evidence, explain the legal process, and help if you disagree with the insurance decision. 

For a minor accident with no injuries and an accepted insurance claim, you may not need a lawyer.

FAQs

1. Am I Automatically at Fault If I Was Hit While Turning Right?

No, a driver turning right is not automatically at fault. Fault depends on who had the right of way and what both drivers were doing. For example, the other driver may be responsible if they were speeding, ran a red light, or changed lanes unsafely.

2. Who Is at Fault If I Was Hit From Behind While Turning Right?

The driver behind is often at fault. Drivers are expected to leave enough space to stop safely. However, fault may change if you stopped suddenly, reversed, or turned without using your signal.

3. What Evidence Can Help Prove Fault in a Right-Turn Accident?

Photos, videos, and witness statements are some of the best evidence. Dashcam footage, vehicle damage, road markings, and the police report can also help show how the accident happened and who had the right of way.

4. How Does the Insurance Company Decide Who Is at Fault?

The insurance company compares both drivers’ statements with photos, videos, witness accounts, the police report, and the damage to each vehicle before deciding who is responsible.

Final Thought

For the question, “A car hit me when turning right, who is at fault?”, the answer depends on how the crash happened. 

Right of way, traffic signals, vehicle speed, lane position, and the actions of both drivers all help determine who is responsible.

The driver turning right may be at fault for not giving the other vehicle the right of way.

However, the other driver may share or carry the blame if they were speeding, ran a red light, changed lanes unsafely, followed too closely, or passed on the right.

After the accident, make safety your priority. Get medical help if needed, report the collision, and collect photos, videos, witness details, and insurance information.