Fail to Remain/Report

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Joined: Fri Dec 25, 2009 10:58 pm

Fail to Remain/Report

by: Snoope on
Fri Dec 25, 2009 11:08 pm

So my gf f'ed up big time last night. She was driving through an intersection, a car turned in front of her and a collision occured. This happened in Niagara Falls.

She got out of her car to talk to the other driver. No one was hurt. The other driver didnt want to exchange info or anything, and was quite rude. My gfs car was relatively undamaged but the other one had quite a bit. The other driver didnt even seem to know that she was the driver. So my gf drove off without any info exchange! She didnt report it because she didnt have valid insurance (wasnt her car, it was her brothers). She was scared of getting charged with the no insurance. So my question is this...what charges is she potentionaly open to if the other person did report it? Whats the lesser of two insurance, or fail to report? She still has some time to report it if thats the best option.
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Radar Identified
Posts: 2881
Joined: Mon Sep 08, 2008 8:26 pm
Location: Toronto


by: Radar Identified on
Sun Dec 27, 2009 8:27 pm

Couple of things. If her brother's car did not have insurance, her brother can be charged under the Compulsory Automobile Insurance Act - not her, unless she is listed as an "excluded driver" under insurance. (However, you said the vehicle was not insured... so, in an odd twist of things, she wouldn't be charged anyway. :shock: ) The owner cannot permit the vehicle to be driven without valid insurance. It is the owner's responsibility, unless the vehicle was stolen or taken without permission.

Nonetheless, it's pretty obvious the car shouldn't have been driven without insurance. The fine is up to $25 000 for first offence; second offence is up to $50 000. Minimum fine is $5000. The other thing to consider is that without insurance, any lawsuit will be paid by the driver and owner instead of the insurance company.

Failure to remain - she would have needed a compelling reason to not remain at the scene, meaning her life/safety was in danger, or she needed to summon help. If the other driver refused to exchange information, and she remained at the scene to wait for police, the only thing that she would likely have been charged with is failure to surrender a valid insurance card, which is a $65 fine. Her brother... different story...

She could be charged with failure to remain at the scene as well as failure to report, if I'm understanding your version of events correctly. Depending on what the other driver said (if he reported it), police may charge her with additional offences. Her brother would face the "no insurance" charge.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. * OR
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