Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 15 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Can I get charged by OPP on this?
Author Message
PostPosted: Tue Aug 25, 2015 1:45 pm 
Offline
Newbie

Joined: Tue Aug 25, 2015 1:37 pm
Posts: 9
Its been around 32 days I had a horrific accident on the highway in Ontario. Luckily I survived in one piece. Just after the accident Officer told me he is gonna charge me and he will talk to me in the hospital but its been over a month no one contacted me. The story that I told the officer on the scene of accident - I was trying to change the lane and someone honked at me, I remained in my lane but my car started skidding first to left than to right and went under transport truck. I did not know at that point there is any problem with my tire. Moreover, I was more worried my head cause the roof my car hit my head rather than telling what exactly happend at that point. Its been a little over a month now but I have not heard anything back from the OPP. I have not got any ticket. My insurance company says Tire was broken.

No Body got hurt in the accident including me, Transport truck did not even noticed I am under it on the speed of 100 km/hr and it was not damaged. It was just my Subaru got ridden off.

Is there any chance they still gonna charge me.?

Thanks


Top
 Profile  
 
Re: Can I get charged by OPP on this?
PostPosted: Tue Aug 25, 2015 1:59 pm 
Offline
Sr. Member

Joined: Wed Mar 30, 2011 1:08 pm
Posts: 536
Location: Ontario
Glad you are okay. You could be charged for up to 6 months from the offence date so if they are going to charge you they have another 5 months to do so. If the insurance is considering this a not at fault accident due to tire failure you may not be charged at all. Perhaps your insurance company has a copy of the accident report?


Top
 Profile  
 
Re: Can I get charged by OPP on this?
PostPosted: Tue Aug 25, 2015 2:05 pm 
Offline
Newbie

Joined: Tue Aug 25, 2015 1:37 pm
Posts: 9
ynotp wrote:
Glad you are okay. You could be charged for up to 6 months from the offence date so if they are going to charge you they have another 5 months to do so. If the insurance is considering this a not at fault accident due to tire failure you may not be charged at all. Perhaps your insurance company has a copy of the accident report?


Thanks for the reply, On my payment settlement form with my insurance company the reason for accident was written "OI had a tire break down, Lost control and went under the transport truck', There was one more line mentioned in the form, the accident did not occure due to wilful act or negligence, does that mean I am not at fault? I got this settlement form after two weeks of accident, so did they have my police report?

If I got charged what charge will it be? I have also not given any ticket.


Top
 Profile  
 
Re: Can I get charged by OPP on this?
PostPosted: Tue Aug 25, 2015 3:32 pm 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
You will really have to wait another 5 months and see if the officer decides to charge you with something or not.

However, the officer will need a witness as to whatever he charges you for. So if the truck driver or another witness can testify to you "driving carelessly" or "speeding" or whatever, then that is what he would charge you with. He could also use your own statement against you, but it seems like he does not have much there to go on for a charge. Perhaps if the accident report showed that there was nothing wrong with any of your tires, then he might have something.

Hopefully 5 months will go by and you won't hear anything!

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Re: Can I get charged by OPP on this?
PostPosted: Tue Aug 25, 2015 3:36 pm 
Offline
Newbie

Joined: Tue Aug 25, 2015 1:37 pm
Posts: 9
jsherk wrote:
You will really have to wait another 5 months and see if the officer decides to charge you with something or not.

However, the officer will need a witness as to whatever he charges you for. So if the truck driver or another witness can testify to you "driving carelessly" or "speeding" or whatever, then that is what he would charge you with. He could also use your own statement against you, but it seems like he does not have much there to go on for a charge. Perhaps if the accident report showed that there was nothing wrong with any of your tires, then he might have something.

Hopefully 5 months will go by and you won't hear anything!


Does it not matter what my insurance has to say - On the payment settlement form with my insurance company the reason for accident was written "OI had a tire break down, Lost control and went under the transport truck', There was one more line mentioned in the form, the accident did not occure due to wilful act or negligence, does that mean I am not at fault? I got this settlement form after two weeks of accident, so did they have my police report?


Top
 Profile  
 
Re: Can I get charged by OPP on this?
PostPosted: Tue Aug 25, 2015 3:44 pm 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
I do not know the answer to that part of your question, which is why I did not answer. Just call your insurance company and ask them.

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Re: Can I get charged by OPP on this?
PostPosted: Tue Aug 25, 2015 4:43 pm 
Offline
Newbie

Joined: Tue Aug 25, 2015 1:37 pm
Posts: 9
jsherk wrote:
I do not know the answer to that part of your question, which is why I did not answer. Just call your insurance company and ask them.


Some One also told me OPP shall give Offence notice or ticket within 30 days from the date of accident. But they can charge later. Is it true?


Top
 Profile  
 
Re: Can I get charged by OPP on this?
PostPosted: Tue Aug 25, 2015 6:35 pm 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
Yes, they have 6 months to charge you. The 30 days only applies to the method they use to charge (something like indictable or not).

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Re: Can I get charged by OPP on this?
PostPosted: Tue Aug 25, 2015 8:29 pm 
Offline
Newbie

Joined: Tue Aug 25, 2015 1:37 pm
Posts: 9
jsherk wrote:
Yes, they have 6 months to charge you. The 30 days only applies to the method they use to charge (something like indictable or not).



I just called my insurance company and they told me the accident is at my fault. It does not matter even if my tire broke down because I lost control. Police have not sent them anything, no tickets nothing. I am assuming I am going to charged now and just guessing I am gonna charged for careless driving. Because at that time I did not know my tire broke down and I lost control. This is not what I told the officer. I just told him I was trying to change the lane someone honked I stayed in my lane but suddenly car got out of control start skidding but weather was clear and I was driving Subaru All wheel drive. So I am doomed.


Top
 Profile  
 
Re: Can I get charged by OPP on this?
PostPosted: Tue Aug 25, 2015 8:59 pm 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
You may want to talk to an expert about the insurance issue and see if there is anything that can be done. I honestly do not know anything about how insurance companies determine fault and if there is any kind of appeal process or not.

But I don't think the insurance decision saying it is your fault has any bearing on whether the police charge you or not. So again, you will just have to sit back and wait 5 more months to see what happens.

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Re: Can I get charged by OPP on this?
PostPosted: Thu Aug 27, 2015 9:26 am 
Offline
High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
harry7171 wrote:
I just called my insurance company and they told me the accident is at my fault. It does not matter even if my tire broke down because I lost control. Police have not sent them anything, no tickets nothing. I am assuming I am going to charged now and just guessing I am gonna charged for careless driving. Because at that time I did not know my tire broke down and I lost control. This is not what I told the officer. I just told him I was trying to change the lane someone honked I stayed in my lane but suddenly car got out of control start skidding but weather was clear and I was driving Subaru All wheel drive. So I am doomed.


To the best of my knowledge someone is always assigned fault in accidents that result in an insurance claim. If it's a single vehicle accident, the driver of the lone vehicle would therefor automatically be at fault regardless of circumstances. Keep in mind though just because the insurance company deemed you at fault doesn't mean you're going to be charged. The police investigation is a separate process and fault is assigned regardless if charges are laid or not.


Top
 Profile  
 
Re: Can I get charged by OPP on this?
PostPosted: Thu Aug 27, 2015 2:49 pm 
Offline
Newbie

Joined: Tue Aug 25, 2015 1:37 pm
Posts: 9
Stanton wrote:
harry7171 wrote:
I just called my insurance company and they told me the accident is at my fault. It does not matter even if my tire broke down because I lost control. Police have not sent them anything, no tickets nothing. I am assuming I am going to charged now and just guessing I am gonna charged for careless driving. Because at that time I did not know my tire broke down and I lost control. This is not what I told the officer. I just told him I was trying to change the lane someone honked I stayed in my lane but suddenly car got out of control start skidding but weather was clear and I was driving Subaru All wheel drive. So I am doomed.


To the best of my knowledge someone is always assigned fault in accidents that result in an insurance claim. If it's a single vehicle accident, the driver of the lone vehicle would therefor automatically be at fault regardless of circumstances. Keep in mind though just because the insurance company deemed you at fault doesn't mean you're going to be charged. The police investigation is a separate process and fault is assigned regardless if charges are laid or not.




If my tire broke down can it be proved as a 50/50 fault. So it does not take full toll on me.


Top
 Profile  
 
Re: Can I get charged by OPP on this?
PostPosted: Fri Aug 28, 2015 3:18 am 
Offline
Moderator

Joined: Wed Sep 19, 2012 1:44 am
Posts: 1063
harry7171 wrote:
If my tire broke down can it be proved as a 50/50 fault. So it does not take full toll on me.


Fault percentages have to be assigned to the drivers involved in the accident by the insurance companies. The Fault Determination Rules have to be used and are set up so that things remain consistent and quick across the board, no matter who your insurance provider is. As far as I know, they do not take into consideration special circumstances (weather conditions, road conditions, etc). They are ignored and fault determination is applied.

When you ignore the circumstances and follow the Fault Determination Rules, you are 100% at fault. When you suggest 50/50 fault, you are implying that the other driver is equally at fault for your accident (they aren't).

As Stanton pointed out, your insurance claim and any future charges are not the same and should be treated differently. Just because you are found at fault doesn't mean you're guilty of whatever the charge may be. Same goes for the reverse. Just because you are not convicted of a charge relating to an accident, doesn't mean you're not at fault.


Top
 Profile  
 
Re: Can I get charged by OPP on this?
PostPosted: Mon Aug 31, 2015 11:54 am 
Offline
Sr. Member
User avatar

Joined: Sun Apr 27, 2014 10:21 am
Posts: 504
Stanton wrote:
harry7171 wrote:
I just called my insurance company and they told me the accident is at my fault. It does not matter even if my tire broke down because I lost control. Police have not sent them anything, no tickets nothing. I am assuming I am going to charged now and just guessing I am gonna charged for careless driving. Because at that time I did not know my tire broke down and I lost control. This is not what I told the officer. I just told him I was trying to change the lane someone honked I stayed in my lane but suddenly car got out of control start skidding but weather was clear and I was driving Subaru All wheel drive. So I am doomed.


To the best of my knowledge someone is always assigned fault in accidents that result in an insurance claim. If it's a single vehicle accident, the driver of the lone vehicle would therefor automatically be at fault regardless of circumstances. Keep in mind though just because the insurance company deemed you at fault doesn't mean you're going to be charged. The police investigation is a separate process and fault is assigned regardless if charges are laid or not.


^^^^ what he said, word for word

_________________
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


Top
 Profile  
 
Re: Can I get charged by OPP on this?
PostPosted: Tue Sep 01, 2015 12:18 am 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
harry7171 wrote:
If my tire broke down can it be proved as a 50/50 fault. So it does not take full toll on me.


As the others above are saying, the answer is no. Your tire blowout is not the fault of the other driver. For something to be 50/50, the other driver had to have contributed to the collision through their actions, which was not the case here. The Fault Determination Rules, unfortunately, don't have much variety in them and don't make allowances such as 25/0 etc.

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


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 15 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Can I still get charged by OPP?

harry7171

5

613

Tue Apr 26, 2016 4:16 pm

jsherk View the latest post

There are no new unread posts for this topic. OPP Officer Charged

casper

2

1037

Mon May 26, 2008 9:48 am

Reflections View the latest post

There are no new unread posts for this topic. Charged Based on a Witness Calling OPP

mjrobby

5

1210

Tue Nov 20, 2012 12:04 pm

Simon Borys View the latest post

There are no new unread posts for this topic. Charged; am an expert in the field I was charged with

ticketholder

2

738

Thu Feb 13, 2014 9:58 pm

admin View the latest post

There are no new unread posts for this topic. New OPP Vehicles?

tdrive2

6

1399

Mon Mar 02, 2009 9:11 am

hwybear View the latest post

There are no new unread posts for this topic. New Faces of the OPP

FiReSTaRT

2

1430

Sun Apr 26, 2009 5:58 pm

FiReSTaRT View the latest post

There are no new unread posts for this topic. Yet Another OPP Street Racer!

BelSlySTi

1

1194

Sun Aug 23, 2009 5:37 pm

ticketcombat View the latest post

There are no new unread posts for this topic. OPP Aerial Surveillance

Radar Identified

2

1545

Sat Nov 14, 2009 2:12 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Double whammy for the OPP

BelSlySTi

0

1403

Sat Jul 17, 2010 10:29 am

BelSlySTi View the latest post

There are no new unread posts for this topic. is it okay for a OPP to talk to a minor

cautious mom

4

637

Sun May 29, 2011 9:21 pm

Simon Borys View the latest post

There are no new unread posts for this topic. What records do TPS and OPP have on you?

Seefernando

2

558

Fri May 18, 2012 10:01 am

Simon Borys View the latest post

There are no new unread posts for this topic. OPP cruiser Struck on 401

hwybear

6

1395

Thu Jul 24, 2008 8:51 pm

Reflections View the latest post

 


Who is online

Users browsing this forum: No registered users and 2 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.