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charged Careless driving while got hit by the other cars
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PostPosted: Mon Mar 21, 2011 6:26 pm 
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Joined: Mon Mar 21, 2011 5:41 pm
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I was driving Eastbound on the Gardiner when the traffic was medium to heavy, my friend was at the front passenger seat.
We were slowing down and came to a complete stop behind a car, which at time stopped for the traffic, just a few inches behind the car at front.
And at a split second, a car behind bumped into us from behind, smash half of our car and push us to hit the car before us. The air bags open in our cars due to that big collision. Another car behind the third car made it in time so they only make small scratches to their rears..
To recap: 4 cars, we on the second, the first's rear end was bumped, our car's front and rear end were bumped, the third car front rear was bumped.
We were very shaken at that time and the police fined me $490 for careless driving, the third car( which hit us) was fined too.

I want to appeal to the court because it was not really my fault and I came to a stop before the first car. The impact force in our collision was so strong that it bump our car up and hit the first car. I took some pictures at the accident scenes.
The officer, however, thought otherwise. He said that the impacts that my car made to the first car was so strong suggesting that we were in motion ( didnt stop) and hit the first car. He also mentioned that our car went UNDER the bump, not side to side with the bump, suggesting we hit the car in the first place. But our car is lower than regulars cars.
I am much appreciated if some one can let me know:
what is the change I have for not pleading guilty, I am deducted 6 points and am a G2 driver. Should I hire a para legal for my case?
Will it affect my friend's insurance because I was driving his car and I dont have an insurance. His insurance is valid.
What kind of evidences I should bring to the court?
Will the guy hit us liable if the first car claimed the insurance on us?

I am very worried, I have the feeling the case goes against me because our car looks kind of funky ( with graphics on) and I am a new driver. But I never speed up and I manage to stop behind the car.
For the concerns, no one was injured, we ( I think only me and my friend) went to hospital to check up right after. Because we were very shaken at that time.
Many thanks for your advices,


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Re: charged Careless driving while got hit by the other cars
PostPosted: Mon Mar 21, 2011 6:28 pm 
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Joined: Mon Mar 21, 2011 5:41 pm
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also if you know any good sources of experienced and affordable paralegal, please let me know.


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Re: charged Careless driving while got hit by the other cars
PostPosted: Mon Mar 21, 2011 8:27 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
CyberV wrote:
what is the change I have for not pleading guilty, I am deducted 6 points and am a G2 driver. Should I hire a para legal for my case?
Will it affect my friend's insurance because I was driving his car and I dont have an insurance. His insurance is valid.
What kind of evidences I should bring to the court?
Will the guy hit us liable if the first car claimed the insurance on us?


I would suggest you hire a paralegal since this does not sound like a simple case to defend yourself in. Many offer free consultations, so call a few, check their rates, and see what suggestions they give.

As for insurance fault determination, that's somewhat difficult since your version of events conflicts with the police report. If you were truly stopped, you would not be at fault for any damage to the vehicle in front of you. If you were in motion, you would be 50% at fault. Fighting the charge could help somewhat in this regard. It's difficult to say what will happen to your friends insurance rates, since that will depend on his specific policy, fault determination and total claims.


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