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Ontario Highway Traffic Act

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No Insurance with a twist
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PostPosted: Mon Jul 18, 2011 12:55 am 
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Joined: Mon Jul 18, 2011 12:41 am
Posts: 1
All,

On Saturday July 9th, 3 major things happened to me and I would like to seek advice.
1) My car was broken into and rummaged through (they stole <10$ in change and a stack of CDs from my dash) while I was eating/working at a restaurant.
2) When it was broken into they must have messed with the hand break because the car rolled down the street to and smashed into a shop door. (<1000$ damage from a rough estimate)
3) I had a summon to court for failing to have valid insurance.

Anyways, the biggest item I want to ask advice on is can I be charged with "operating a motorized vehicle without insurance" when I was not operating it? Granted I had operated it previous to this occurrence without insurance because the insurance renewal was sent my OLD address. I was unaware (I know ignorance is not defense) that had an expired insurance. I corrected this and I am fully insured. I have not driven my car until now since I am fully insured. Please help!

-Kris


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Re: No Insurance with a twist
PostPosted: Mon Jul 18, 2011 9:54 am 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Interesting. I’ve got kind of mixed opinions as to whether it’s a valid charge or not. It wasn’t really being operated at the time of the accident, but it was obviously operated prior to the crash itself. Did you make any type of admission to the police about parking it? If so that would be sufficient grounds to lay the charge. They don’t actually have to show that you were driving, just that you permitted or caused it to be operated.

As you’re probably well aware, the fine for this charge and insurance implications are pretty serious. I’d suggest seeking legal representation.


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Re: No Insurance with a twist
PostPosted: Mon Jul 18, 2011 7:38 pm 
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Posts: 1065
I don't think you can properly be convicted of "operating" the motor vehicle in this situation. But, I also agree with Stanton that there may be grounds to charge you based on your driving the vehicle to that location, if the police can prove that.

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Re: No Insurance with a twist
PostPosted: Mon Jul 18, 2011 10:38 pm 
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Joined: Mon Oct 20, 2008 11:31 pm
Posts: 502
Did you recover the $10.00? and/or /The cd's?
It is most likely covered under comprehensive.

Deductible might be waived since a criminal offense caused it.

Unless you admitted to using the car /no care of vehicle charges stick.

You won't be convicted to anything you did not admit to.

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Viper1

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