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Ontario Highway Traffic Act

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Right to pay
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PostPosted: Fri Sep 18, 2015 3:29 pm 
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I was coming out of a driveway going to make a left and this black escalade was turning in, so I thought I could go, but then when I was coming out there was a nissan sentra beside the escalade and i hit the front passenger wheel, door and lightly the door. My licence plate came off and that was it.

So I offered to pay out-of-pocket and she asked if it would be easier through insurance. Considering I have my g2 for 2 years, my rates are gonna go up so it will cost me more in the long run. Then yesterday without any notice her insurance email's me and asks me for my insurance.

My question is, do I have a right to choose how to pay or am I totally out of luck?


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Re: Right to pay
PostPosted: Fri Sep 18, 2015 3:50 pm 
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You do have the right to pay. However at this point your insurance will know that you have an accident on record. I'm not sure if the impact on your premium from having an accident+claim is any different from accident only - you'll have to contact your insurance company to find out.


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Re: Right to pay
PostPosted: Fri Sep 18, 2015 4:16 pm 
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You are required by law to hand over your insurance info if the other party involved in the accident asks for it.

Here is the relevant section of the HTA:
http://www.ontario.ca/laws/statute/90h08#BK313
Quote:
Duty of person in charge of vehicle in case of accident
200. (1) Where an accident occurs on a highway, every person in charge of a vehicle or street car that is directly or indirectly involved in the accident shall,

(a) remain at or immediately return to the scene of the accident;

(b) render all possible assistance; and

(c) upon request, give in writing to anyone sustaining loss or injury or to any police officer or to any witness his or her name, address, driver’s licence number and jurisdiction of issuance, motor vehicle liability insurance policy insurer and policy number, name and address of the registered owner of the vehicle and the vehicle permit number. R.S.O. 1990, c. H.8, s. 200 (1); 1997, c. 12, s. 16.


Last edited by daggx on Fri Sep 18, 2015 4:29 pm, edited 1 time in total.

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Re: Right to pay
PostPosted: Fri Sep 18, 2015 4:27 pm 
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It just says witness, not insurance


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Re: Right to pay
PostPosted: Fri Sep 18, 2015 4:37 pm 
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Prenghisi wrote:
It just says witness, not insurance


Read section C a little more closely. It gives a list of things that the person in charge of a vehicle has to give to give to: Anyone sustaining loss or injury (that would be the other driver) or to the police or to a witness.


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Re: Right to pay
PostPosted: Fri Sep 18, 2015 4:39 pm 
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But she didnt ask for it. She went behind my back


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Re: Right to pay
PostPosted: Fri Sep 18, 2015 4:50 pm 
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Location: Ontario
The other driver is under no obligation not to report the accident or make a claim.


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Re: Right to pay
PostPosted: Fri Sep 18, 2015 4:58 pm 
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Prenghisi wrote:
But she didnt ask for it. She went behind my back


It sounds like she has not handled this in a very straight forward way. That having been said if her insurance company is demanding your info I think you are obliged to hand it over.


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Re: Right to pay
PostPosted: Sat Sep 19, 2015 10:20 am 
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EphOph wrote:
You do have the right to pay.


What law says that?


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Re: Right to pay
PostPosted: Sat Sep 19, 2015 8:38 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
You should call your insurance company and ask them:
Hypothetically speaking, if they (your insurance company) know you were in an accident but you pay the repairs on the other vehicle yourself, how will affect your rates, versus just letting them (your insurance company) pay for the repairs.

I am not sure what their answer will be, but let us know what they say.

Now let's look at the this section again:
Duty of person in charge of vehicle in case of accident
200. (1) Where an accident occurs on a highway, every person in charge of a vehicle or street car that is directly or indirectly involved in the accident shall,
(a) remain at or immediately return to the scene of the accident;
(b) render all possible assistance; and
(c) upon request, give in writing to anyone sustaining loss or injury or to any police officer or to any witness his or her name, address, driver’s licence number and jurisdiction of issuance, motor vehicle liability insurance policy insurer and policy number, name and address of the registered owner of the vehicle and the vehicle permit number. R.S.O. 1990, c. H.8, s. 200 (1); 1997, c. 12, s. 16.


So it says that every person in charge of a vehicle involved in the accident (that's you) shall, upon request, give in writing to anyone sustaining loss (that's the other driver AND their insurance company), their name, address, driver's license, insurance (so this is the law that says it) and name/address of registered owner.

However, with that said, I would carefully read this:
http://canadian-lawyers.ca/Understand-Y ... ident.html

And then from now on, I would make sure ANY information you provide to anybody, including police, whether verbally or written starts with the following:
"This information is not voluntary. I am giving it to you because the law requires me to do it."

Out of curiosity, what information did you give the other driver at the scene?

_________________
+++ This is not legal advice, only my opinion +++


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Re: Right to pay
PostPosted: Sat Sep 19, 2015 9:07 pm 
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Can I then ask for her information and tell my insurance not to process any claim by that woman?


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Re: Right to pay
PostPosted: Sun Sep 20, 2015 1:42 am 
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I was reading an article on auto insurance and it reminded me of something that I had forgotten about but is relevant to this thread. Most insurance companies are now putting a clause in their contracts that states that you must report all accidents you are in to them even if you don't make a claim. Failing to report the accident can lead to your insurance company dropping you as a customer. According to the article your rates will go up whether you make a claim or not, if you are determined to be at fault for the accident. This means that the only time agreeing to pay out of pocket really works is if you and the other driver agree to keep everything off the books. Once the other driver makes a report to their insurance company paying out of pocket doesn't really help you. It is a pretty short read if you want to take a look, there is also some useful discussion in the comments section: https://www.insurancehotline.com/accide ... s-to-know/


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Re: Right to pay
PostPosted: Mon Sep 21, 2015 1:19 pm 
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Prenghisi wrote:
EphOph wrote:
You do have the right to pay.


What law says that?


I am not sure which law (might be in CAIA?). I was recently at an accident reporting center and the employees there told me that the person at fault can pay for damages out of pocket instead of having insurance pay for it (what insurance company would deny that?). The accident still has to be reported and your rates are going up regardless so there probably isn't any point in paying for it yourself.


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Re: Right to pay
PostPosted: Mon Sep 21, 2015 7:23 pm 
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Posts: 1061
I suggest you read your insurance policy carefully.

You have 7 days to report any accident to your insurance regardless (unless you're in a hospital or whatever.


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