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Re: T-boned at all way stop intersection, I was given a tick
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PostPosted: Sat Sep 10, 2016 10:14 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1373
I would send the diagram to your insurance company and ask them to reconsider. They may or they may not. But for trial, yes I think it is very helpful.

You do not need to tell them you are bringing your girlfriend as a witness unless they ask.

The other driver MUST be at the trial to testify against you since the officer did not see the accident. If the officer shows up, but not the other driver, they must drop the charge. So yes the other driver will be asked to come to court to testify. When you ask for disclosure, ask for the officers notes AND all witness statements AND all will-say statements, so this way you know what the other driver told the officer. Your trial date in court is the time you get question the other driver about what they said.

Once you get disclosure, you can call and try to arrange a phone conversation with the prosecutor (not the police officer). In this call you would probably mention that your girlfriend was in the car and agrees with you that you stopped and then proceeded into the intersection before the other car arrived at the stop sign. The prosecutor may or may not listen to you, and may or may not drop the charge.

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Re: T-boned at all way stop intersection, I was given a tick
PostPosted: Tue Sep 13, 2016 3:34 pm 
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Joined: Thu Sep 08, 2016 10:01 pm
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jsherk wrote:
I would send the diagram to your insurance company and ask them to reconsider. They may or they may not. But for trial, yes I think it is very helpful.

You do not need to tell them you are bringing your girlfriend as a witness unless they ask.

The other driver MUST be at the trial to testify against you since the officer did not see the accident. If the officer shows up, but not the other driver, they must drop the charge. So yes the other driver will be asked to come to court to testify. When you ask for disclosure, ask for the officers notes AND all witness statements AND all will-say statements, so this way you know what the other driver told the officer. Your trial date in court is the time you get question the other driver about what they said.

Once you get disclosure, you can call and try to arrange a phone conversation with the prosecutor (not the police officer). In this call you would probably mention that your girlfriend was in the car and agrees with you that you stopped and then proceeded into the intersection before the other car arrived at the stop sign. The prosecutor may or may not listen to you, and may or may not drop the charge.


I have the disclosure sent to me today and here are some key points.

1. Witness statement from the other driver, taken 2 months after the accident.
2. MVA report. Within this report, my phone number is completely wrong, I have an Alberta number and in the report I have a 905 number which I have no idea whose number is that. Also my licence class is G2, not G stated in the report; they took down my car model wrong; and number of occupants it says only 1, when in fact me and my girlfriend were both in the car; and there was also a diagram about the collision, as mentioned before the intersection has a nearly 45 degree slope and in that report it's almost 90 degree.

The witness statement I quote:
"On Feb. 18, 2016 I was driving my vehicle south on
XXXX Rd in the Town of Niagara on the Lake. I came to a stop at a four
way stop intersection of XXXX Rd at XXX St. When I came to a
complete stop there was only one vehicle east bound that stopped before me.
I did notice a vehicle west bound pull to the stop sign after me. As I had
the right of way, I proceeded thru the intersection. At that time my
vehicle and the vehicle west bound collided in the intersection."

MVA Synopsis:
"The intersection of XXXX Rd and XXX St is control by a four way
stop signs. V2 stopped on R1 SB at stop sign. V1 stopped on R2 WB at stop
sign. Both vehicles waited till an unrelated vehicle travelling EB on R2 to
clear the intersection. At that time R2 began thru the intersection as well
as R1. The collision occurred in the middle of the intersection."

What do I need to do now? I see a lot flaws in the MVA report, but I am guessing that's not enough for them to drop the case. Also from the witness statement, I don't see any strong evidence indicating she was there before me. In the report, it says my traveling speed was approx 15 km/hr. That's not fast enough to say I was driving dangerously when crossing the intersection.
The collision point was my passenger side front door ONLY. If I was going fast enough to beat the other driver to the collision point, the collison would've been more serious, at least reaches my back door. I am guessing she wants to take a right, and she just did not stop safely so that the car's front reaches to the intersection and hit me.


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Re: T-boned at all way stop intersection, I was given a tick
PostPosted: Tue Sep 13, 2016 3:54 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1373
I would just show up with your diagram and your girlfriend. The officers testimony is just about identification. He may give his opinion, but they need the other driver to testify.

If the other driver does not show up as a witness, then they will have to drop the charge and you win.

If the other driver does show up and testify, then you and your girlfriend will both need to testify as well and assuming both you and your girlfriends testimonies are beliveable, you will most likely win as two testimonies will outweigh the one testimony of the other driver. No guarantees you will win though, just a more likely chance in this situation.

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Re: T-boned at all way stop intersection, I was given a tick
PostPosted: Tue Sep 13, 2016 11:05 pm 
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Joined: Sat May 23, 2015 12:54 am
Posts: 31
screeech wrote:
I'm curious, why won't he win this trial because the cops were there?


SOrry, i'm talking about Insurance's side of charge, not Court, Court is between driver and the Police, as you can see his insurance already said 50/50 weather you fight or not both drivers premium will be increased, if it not a major damage i would put Insurance and Police aside, unless the car is totaled or can't drive, in my knowledge if you invited Cop to come they will give out a ticket to one of the driver, Cops won't come for nothing. If you fight then other guy will fight too and then Insurance will laugh and get both premium increases.

Unless you have DashCam or video showed that you are 100% not at fault.

Where insurance will consider 50/50 ?
1, Parking lot
2, All ways stop
3, Malfunction intersection light

Read other topic this youngmen rear end someone that slammed the brake, he then got off and let the youngmen go but he still got a ticket ? hard to say, law is just natural.


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Re: T-boned at all way stop intersection, I was given a tick
PostPosted: Wed Sep 14, 2016 11:32 am 
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Joined: Thu Sep 08, 2016 10:01 pm
Posts: 6
RandySolara wrote:
screeech wrote:
I'm curious, why won't he win this trial because the cops were there?


SOrry, i'm talking about Insurance's side of charge, not Court, Court is between driver and the Police, as you can see his insurance already said 50/50 weather you fight or not both drivers premium will be increased, if it not a major damage i would put Insurance and Police aside, unless the car is totaled or can't drive, in my knowledge if you invited Cop to come they will give out a ticket to one of the driver, Cops won't come for nothing. If you fight then other guy will fight too and then Insurance will laugh and get both premium increases.

Unless you have DashCam or video showed that you are 100% not at fault.

Where insurance will consider 50/50 ?
1, Parking lot
2, All ways stop
3, Malfunction intersection light

Read other topic this youngmen rear end someone that slammed the brake, he then got off and let the youngmen go but he still got a ticket ? hard to say, law is just natural.


So are you saying if I fight this ticket and win, the ticket will go to the other driver? Isn't it going to be an endless loop then? Also my insurance only increased based on my claim for this accident, if I have this ticket it will go even higher.
As for dash cams, no I did not have it back then, but to avoid future situations like this I bought one afterwards.


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