I was downtown for the Brasil game and was sad they lost and even futher when i came out and saw my vintage vehicle had been hit.
It had just been finished being restored with a brand new paint job.There where some witnesses that came out of the shops to alert me of the hit and they had the persons plate number.
i also noted that a phone number had been left, but that this person had clearly left the scene.after many attempts to reach this person and leaving a voice mail the call was finally returned.i did not want to handle this through insurance as it will greatly depreciate my vehicle, which is over 30yrs. old and has never been in an accident,this person tried to say maybe it was my parked car that caused the accident
!In any event before speaking with me directly they say they have reported it, i was trying to avoid having to do that for my sake and the other parties, and i would have been negotiable.
I estimate between 800-1200$ worth of dammage as they scraped all down the side of my car,my question is can they be charged with failing to remain and can i go after them (civil) for loss of value to my car.

They can be charged with failing to remain.

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Former Police Officer, Law Student, and aspiring Criminal Lawyer
http://www.SimonBorys.ca - Bio and Blog

NOTHING I SAY ON HERE IS APPROVED BY ANY POLICE SERVICE, NOR IS IT LEGAL ADVICE.

+1

People play these stupid games, such as "I ran the red light, but it's your fault," or "your vehicle was parked, so it's your fault," or "you should have known I wasn't going to yield, so it's your fault." Blah blah blah. What I'd do is let the guy know that he can be charged with fail to remain, so if he wants to play games, you'll just get the police involved.

Civil suit? Depends... don't know for sure, but I'd say you could...

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* The above is NOT legal advice. It is an opinion only. By acting on anything I have said, you assume full responsibility for any outcome and its consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca OR http://www.OntarioTrafficAct.com

Thanks guys for your help
i did try to negotiate with the other party and reminded them that their ins. would prob. go up and they did not seem to care.
I have called the collision reporting centre, and i will be going in today.
unfortunate, bad things i guess happen to nice people.
Didn't want to go through ins. because the more claims you have, even if they are not your faul,t the more you pay because you are a "risk"
we have already been hit a few times over the years with other vehicles we have and we have an at fault as well.
I hope they do charge the other party with failing to remain,it's the only consolation i have.
glad to hear i may have some recourse with a civil suite, if i have to go that route.
i will keep in touch as i will need a lawyer.

Just a thought and was wondering,
can the person still be charged even after the incident?
Thanks again for your help

Yes, up to 6 months after the fact.

_________________
Former Police Officer, Law Student, and aspiring Criminal Lawyer
http://www.SimonBorys.ca - Bio and Blog

NOTHING I SAY ON HERE IS APPROVED BY ANY POLICE SERVICE, NOR IS IT LEGAL ADVICE.

If the situation is as you describe it, Mr. Hit and Run is going to wish he'd just paid for the damages, IMO... fail to remain is not a "fluff" charge. If he's convicted, his insurance company will almost certainly terminate his coverage, and he'll have to get Facility Insurance, which is usually well over $12K per year.

_________________
* The above is NOT legal advice. It is an opinion only. By acting on anything I have said, you assume full responsibility for any outcome and its consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca OR http://www.OntarioTrafficAct.com

.
Hi babygirlz05:

Unfortunately you can not sue the other driver directly for damages. Read section 263 subs (1) and (5) of the Insurance Act.

http://www.e-laws.gov.on.ca/html/statut ... htm#s263s1

Consult with a lawyer to see if you can recover, from your insurance company, the loss of your car's value as a result of the collision since it is a vintage vehicle s.263(2).

http://www.e-laws.gov.on.ca/html/statut ... htm#s263s2

Cheers.
.

I guess you can, read my case-
http://www.ontariohighwaytrafficact.com/topic497.html

Let's say you had an accident, not your fault, but the insurance company did not cover it as it is for example lower then your deductible...or any other reason...

It doesn't matter what charge they get or not.

Comprehensive covers it.(less deductible)

No issue to your fees.

It is not a liability case so no increase in insurance fee.

If you need more info ask

Cheers
Viper1

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"hang onto your chair when reading my posts
use at your own risk"

If they had left a note, would hardly think a fail to remain is appropriate. How long would one wait for an owner to come back to a parked car?

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca