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Ontario Highway Traffic Act

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Just receive a ticket for no insurance while selling my car
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PostPosted: Tue Jan 31, 2012 11:13 am 
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Basically, I was selling the car and I informed the buyer that the car was in not insured at the time.
He bought dealer plates from his work place and assured me that it was fine. We got pulled over by OPP and they asked for our information.
I explained that it was my car and the test driver was working at a dealership with his plates that has insurance, they told us that the plates don't apply
because the car was not registered to the company. At the time I was really shocked, they handed me a ticket for permitting operation of a vehicle without insurance.

So, now I'm stuck in this horrible situation. What do you predict will happen? Please advise me on what to do.
Thanks so much in advance!


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Re: Just receive a ticket for no insurance while selling my
PostPosted: Tue Jan 31, 2012 3:38 pm 
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Location: In YOUR rearview mirror!
that was not a ticket, it is a summons, 1st offence starts at $5000 fine

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Re: Just receive a ticket for no insurance while selling my
PostPosted: Tue Jan 31, 2012 3:56 pm 
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Wow, I thought it'd be like that. I can't believe it!
Sorry for asking but what may I do in a situation like this?
Would I be able to explain the situation? This car was never on roads since that test drive. From my ownership to the new owner the KMs on paper the car hasn't even moved 100KM. Would there be a valid case for my defense? The buyer assured me with dealer plates that it was okay with his plates. What can I do?


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Re: Just receive a ticket for no insurance while selling my
PostPosted: Tue Jan 31, 2012 6:14 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Unfortunately as the owner it's your responsibility to ensure the vehicle is insured. It really doesn't sound like you exercised sufficient due diligence for a defence in Court. I would suggest consulting with a paralegal on the matter to seek out a possible defence or plea deal.


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Re: Just receive a ticket for no insurance while selling my
PostPosted: Tue Jan 31, 2012 6:42 pm 
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I should have been more careful, I got a deposition from the buyer today stating what happened that day as well.
Please if you may point me to a paralegal with a good reputation.
Thank you so much for all the information. Please let me know if there's anything else.


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Re: Just receive a ticket for no insurance while selling my
PostPosted: Tue Jan 31, 2012 7:03 pm 
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newbatlife wrote:
I should have been more careful, I got a deposition from the buyer today stating what happened that day as well. .

well, your buyer could have also been charged "permit use of plates not authorized for vehicle" and had the plates seized, plus sent in for audit review of the dealership.
and you could have added to "use plates not authorized"

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Re: Just receive a ticket for no insurance while selling my
PostPosted: Tue Jan 31, 2012 7:36 pm 
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Actually the buyer's plates weren't attached to the car but was place on the window, he said he did it all the time at his dealership and never had problems.
I was so stupid I should have read up about that. What do you think is going to happen ?


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Re: Just receive a ticket for no insurance while selling my
PostPosted: Tue Jan 31, 2012 11:16 pm 
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newbatlife wrote:
Actually the buyer's plates weren't attached to the car but was place on the window, he said he did it all the time at his dealership and never had problems.

ok, add in plates improperly displayed too!!
The dealer can put the a dealer plate on a vehicle, provided that vehicle is part of the dealers own inventory (registered thru MTO )

sorry, every court is different in regards to the possible outcome, and also pending the person's driving history, therefore, won't speculate

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Re: Just receive a ticket for no insurance while selling my
PostPosted: Tue Jan 31, 2012 11:34 pm 
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Joined: Mon Oct 20, 2008 11:31 pm
Posts: 502
newbatlife wrote:
Basically, I was selling the car and I informed the buyer that the car was in not insured at the time.
He bought dealer plates from his work place and assured me that it was fine. We got pulled over by OPP and they asked for our information.
I explained that it was my car and the test driver was working at a dealership with his plates that has insurance, they told us that the plates don't apply
because the car was not registered to the company. At the time I was really shocked, they handed me a ticket for permitting operation of a vehicle without insurance.

So, now I'm stuck in this horrible situation. What do you predict will happen? Please advise me on what to do.
Thanks so much in advance!


Your first line " he bought plates"
is that typing error?

If it it is check with IBAO
The plates must be insured for any vehicle authorized by the owner.
If it was a valid plate you had insurance.(and authorized)

The plate is a blanket insurance but you do need ownership as well.

If you need more help ask.
I have an expert on insurance here to help.

Cheers
Viper1

_________________
"hang onto your chair when reading my posts
use at your own risk"


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Re: Just receive a ticket for no insurance while selling my
PostPosted: Wed Feb 01, 2012 3:36 am 
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Joined: Tue Jan 31, 2012 11:02 am
Posts: 9
hwybear wrote:
newbatlife wrote:
Actually the buyer's plates weren't attached to the car but was place on the window, he said he did it all the time at his dealership and never had problems.

ok, add in plates improperly displayed too!!
The dealer can put the a dealer plate on a vehicle, provided that vehicle is part of the dealers own inventory (registered thru MTO )

sorry, every court is different in regards to the possible outcome, and also pending the person's driving history, therefore, won't speculate


Unfortunately I was so naive, I didn't know that I would get in trouble for it. I realize now that the dealer plate doesn't really do anything in private sales, I always hear people saying that dealer plates or mechanic plates are needed for test drives if there's no insurance, it's my fault for listening to false information.

My driving history should be very clean, I'm just a young guy that made a very stupid mistake. It frustrates the hell out of me as it may ruining me owning a car for a long time.

Thank you for all your help, if you have any more information please let me know. I appreciate all the information you've given me.


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Re: Just receive a ticket for no insurance while selling my
PostPosted: Wed Feb 01, 2012 3:45 am 
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Joined: Tue Jan 31, 2012 11:02 am
Posts: 9
viper1 wrote:
newbatlife wrote:
Basically, I was selling the car and I informed the buyer that the car was in not insured at the time.
He bought dealer plates from his work place and assured me that it was fine. We got pulled over by OPP and they asked for our information.
I explained that it was my car and the test driver was working at a dealership with his plates that has insurance, they told us that the plates don't apply
because the car was not registered to the company. At the time I was really shocked, they handed me a ticket for permitting operation of a vehicle without insurance.

So, now I'm stuck in this horrible situation. What do you predict will happen? Please advise me on what to do.
Thanks so much in advance!


Your first line " he bought plates"
is that typing error?

If it it is check with IBAO
The plates must be insured for any vehicle authorized by the owner.
If it was a valid plate you had insurance.(and authorized)

The plate is a blanket insurance but you do need ownership as well.

If you need more help ask.
I have an expert on insurance here to help.

Cheers
Viper1



Sorry, I meant that he got dealer plates from his work place which is a dealership.
What should I check with IBAO? Sorry for asking, I'm very new to all this.

What do you mean by blanket insurance, and ownership of what exactly?

Yes, please. I'm very lost and confused right now, what exactly should I do?
Thank you so much for all your help Viper1!


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Re: Just receive a ticket for no insurance while selling my
PostPosted: Thu Feb 02, 2012 1:10 am 
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Joined: Mon Oct 20, 2008 11:31 pm
Posts: 502
newbatlife wrote:
viper1 wrote:
newbatlife wrote:
Basically, I was selling the car and I informed the buyer that the car was in not insured at the time.
He bought dealer plates from his work place and assured me that it was fine. We got pulled over by OPP and they asked for our information.
I explained that it was my car and the test driver was working at a dealership with his plates that has insurance, they told us that the plates don't apply
because the car was not registered to the company. At the time I was really shocked, they handed me a ticket for permitting operation of a vehicle without insurance.

So, now I'm stuck in this horrible situation. What do you predict will happen? Please advise me on what to do.
Thanks so much in advance!


Your first line " he bought plates"
is that typing error?

If it it is check with IBAO

Insurance brokers association of Ontario.

To have a legal dealer plate it needs to be fully insured.
To use it you need to have the permission of owner.(dealer)

If above is true you were covered.

Cheers
Viper1



The plates must be insured for any vehicle authorized by the owner.
If it was a valid plate you had insurance.(and authorized)

The plate is a blanket insurance but you do need ownership as well.

If you need more help ask.
I have an expert on insurance here to help.

Cheers
Viper1



Sorry, I meant that he got dealer plates from his work place which is a dealership.
What should I check with IBAO? Sorry for asking, I'm very new to all this.

What do you mean by blanket insurance, and ownership of what exactly?

Yes, please. I'm very lost and confused right now, what exactly should I do?
Thank you so much for all your help Viper1!

_________________
"hang onto your chair when reading my posts
use at your own risk"


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Re: Just receive a ticket for no insurance while selling my
PostPosted: Fri Feb 03, 2012 6:01 am 
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Joined: Tue Jan 31, 2012 11:02 am
Posts: 9
Hi Viper1, thank you so much for your replies.

The dealer plates were insured and I believe I was authorized by the owner to use them.

I've read through IBAO, but don't quite understand what you mean by the blanket insurance...
Does blanket insurance only cover the fleet of cars of a dealership?

I'm really sorry to trouble you, I'm really lost and frustrated right now.
If you may please, advise me on what I should be doing.

Also, should I go into the office and request disclosure asap?


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Re: Just receive a ticket for no insurance while selling my
PostPosted: Sat Feb 04, 2012 9:24 pm 
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Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
newbatlife wrote:
The dealer plates were insured and I believe I was authorized by the owner to use them.

I've read through IBAO, but don't quite understand what you mean by the blanket insurance...
Does blanket insurance only cover the fleet of cars of a dealership?


"blanket" insurance, refers to the dealership vehicles, in other words it covers all vehicles in that dealership's inventory (in dealership name)

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Re: Just receive a ticket for no insurance while selling my
PostPosted: Sun Feb 05, 2012 5:01 am 
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Joined: Tue Jan 31, 2012 11:02 am
Posts: 9
hwybear wrote:
newbatlife wrote:
The dealer plates were insured and I believe I was authorized by the owner to use them.

I've read through IBAO, but don't quite understand what you mean by the blanket insurance...
Does blanket insurance only cover the fleet of cars of a dealership?


"blanket" insurance, refers to the dealership vehicles, in other words it covers all vehicles in that dealership's inventory (in dealership name)


Thank you for your answer, unfortunately I believe the vehicle was in the dealership's inventory at the time. Am I out of luck?


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