Wrongfully charged

Katana
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Wrongfully charged

by: Katana on
Thu Nov 07, 2013 9:03 pm

While proceeding through an intersection on a yellow light, a vehicle coming from the other direction made a left turn in front of me. I saw the light turn yellow and determined I was too close to stop safely. I was charged because witnesses said the light was yellow for a while. It's a 60kph zone. The officer didn't want to charge me with careless so he gave me a lessor ticket. Fail to turn out to left to avoid collision. HTA 148(5). How is this even my fault? Now my insurance won't cover my vehicle till I fight this bogus charge. Min of three months for a court date. They also put me at fault for the accident due to the ticket. Now I have no car and have to fight a ticket I shouldn't have even been given. Does anybody know how to expedite this procedure? Will filing a complaint against the officer resolve the situation faster and get the other driver charged for the accident they caused? I've been driving for thirty years. Spent 8 yrs driving a tow truck. I've never heard of the driver going straight being at fault for the accident. It's always the person turning charged. Please any advice would be helpful. I'm very disappointed with the quality of training of these officers. The HTA seams fairly clear in this situation.


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Decatur
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by: Decatur on
Thu Nov 07, 2013 9:38 pm

Sounds like your best bet at this point is to enter a plea of Not Guilty and as soon as you receive a trial notice, request disclosure to see what all of the evidence is.
Insurance companies don't determine fault based on whether a ticket is laid or not. They use Ontario Regulation 668 under the Insurance Act.http://www.ibc.ca/en/car_insurance/docu ... -rules.pdf
Filing a complaint won't make the ticket "go away" nor get the situation resolved quicker. The court process and the complaint process are independent.


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by: Katana on
Thu Nov 07, 2013 9:50 pm

The insurance company already told me they consider me at fault due to that ticket. Closed the file till I provide transcripts from court that the charge is dropped. I can't wait the months this will take. I need my car.


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highwaystar
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by: highwaystar on
Thu Nov 07, 2013 10:46 pm

How bad is your driving record? Insurers don't drop the insured right away for something like this----your story is therefore either not complete or your primary fight right now should be against your insurer. You can go to court or complain to the Ontario Financial Services Commission to seek recovery. Get legal advice since something doesn't quite add up with your story.


Katana
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by: Katana on
Fri Nov 08, 2013 10:23 am

It doesn't make sense. My driving record is good. Not perfect. Minor speeding and 4 yr old at fault(oil on the road, no charges laid). They don't seem to be using regulation 668. It's a very common scenario. Person turning left is at fault.


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