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
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.
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?
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.
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.
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!
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?
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?
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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
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.
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
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
I got a ticket, Disobey stop sign, sec 136.1.a on dec 6th
I made a left in an intersection and was pulled over by a police officer in an unmarked car who had been sitting down the road. A classic fishing hole situation. I was genuinely surprised when he stopped me and told me I went through a stop sign without even slowing down. I know to shut up and be polite and take the ticket. I…
Yesterday morning, I rear-ended someone. I was going the speed limit. The sun was directly in front of me and it blinded my windshield and my eyes. At the same time, the person in front of me stopped/slowed down (also due to the sun). I started to slow down but didn't stop and I hit them since I couldn't see anything. I was not driving too close initially. I…
I was driving in the county at night and hit a limousine stretched out side ways across the road. The limo had its lights on and had side lighting as well. The police officer charged me with careless driving because it was "fully lit up".
It took me to the next day to figure out what had happened - what I remember made no sense. What I had run across was a "false visual reference" illusion.
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster untill I got pulled over at 147 on an 80 km hwy.
I alreaddy lost 3 points and this time was just the…
Hello, got stopped today for rolling a stop sign. Ticket says failure to stop, but quotes hta 1361b.
Doesn't 1361b mean failure to yield?
Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?
After he was providing me with a ticket for failure to obey to the stop sign (I am pretty sure I stopped but less than 3 seconds recommended by my driver ed. instructor), I know everybody say that..as an excuse.
Then he stopped me again to return the documents.
Any advice and feed back would be really appreciated.
Can you get evidence for whether someone had an advanced green at an intersection? My dad was making a right turn on a red (after stopping) into a plaza parking lot. He got hit by someone making a left turn from the opposite lane. The driver told the officer called to the collision that he had an advance green. My dad said he came out of nowhere which makes me…
So i was driving on Eglinton Avenue East near Rosemount Ave.
The school bus was on the the curb on the opposite side of the road while i was travelling on the middle lane of the three-laned Eglinton Avenue East (five lanes apart plus a raised median island seperating the traffic)
I could not see the school bus as my view of the bus was being obstructed by the cars in front of me and on my left hand…
Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
This morning I had an exam for university. I was studying the entire night and i wanted to catch like maybe 1-2 hours of sleep before the exam so i went to sleep. I woke up like 5 hrs after and realize that I was about to miss my exam. I still could have made it so I asked my dad for his car since I was in a huge rush and he gave it to me.
I went on the highway and I was going at 135 km/h but…
the police officer was in in the opesite oncumming lane he was fallowing another car so close that i was not even able to see his cruser till he was buy he said that i was going 111 in a 80 he said he hade me on radar he only asked for me drivers licencs and never asked for my insurence so on the ticket there no insurence dose enyone think i can beat this i wana take it to cort becuse he was…
Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
Can't remember exact date so lets call it some time in 2008 I got a fine for $5000.00 for driving without in insurance. I never paid the fine and in 2012 I was pulled over and the officer asked to see my license. Although I had it on me I figured it would be under suspension for the unpaid fine from…
Alright, so I did something really stupid the other day, I was driving down a country road and wanted to hit the curves so I passed 3 cars at once, inadvertently making it up to very much past 50 over (80 limit)... Much to my chagrin there was a cop coming in the opposite direction who immediately skidded on the gravel shoulder and who I thought was 100% going to turn around and pull me over,…
Anyone know how backed this courthouse is? I submitted my ticket for trial at the end of August, and still no letter. Im scared it got lost in the mail, can i call the courthouse and find out my courtdate? Or would i have to go in personally?
I recently received a ticket for failure to use low beams - while following - Ticket was issued Sec 168 (
- it was on the 401 and no one was within 500 meters of me, I was warning a oncoming vehicle that there was an officer hiding (which is not illegal or I could not find a law against it) it was a police vehicle travelling at very high rate of speed in the opposite direction with no lights on…
I received a warning letter from MTO for a 2pts ticket.What happened is that the police officer issued a "unsafe left turn" and then changed the ticket to "failed to signal" at the scene, but she submitted both tickets!!! And I !!!ONLY!!! received the latter ticket from her(I requested trial for "failed to signal"). I recently received notice from MTO that I'm convicted for "unsafe left turn".
Hello everyone! I was given a ticket for using a hand-held communication device while driving. It was 3 am, I was at a stop light and the cop saw me with the my phone in my hand. I told him i was just checking the time on it. I received the notes a few weeks ago ill copy them down below. Any help is appreciated although i believe there's no hope for me. The cop recorded me saying what phone i…
I got pulled over about 15 or so days ago the court till this date has not received the summons what is the legal time period that the court has to follow to accept the summons from the office court says its 15 days is the legal timeframe the officer has to serve it on the court
I requested for disclosure of information two months ago.
I received the radar manual after one month, but not others (including maintenance/calibration record of the radar, certificate of police training). On further pursuit, the prosecutor told me that he did not have them and he did not see why I needed these documents. He said he did not know where to get them when I asked.
Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.
I'm hoping to get some insight for a defense in this case.
I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into…
