As for yor insurance questions, you might want to start by looking at the IBC website. http://www.ibc.ca/en/index.asp
"My question is to whether or not he can be charged with a failure to remain."
I indicated that the charge does fit the description of the incident and there was a requirement for him to remain at the scene.
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, driverÃƒÂ¢Ã‚â‚¬Ã‚â„¢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.
Due to the Minimum fine being $400 and the remote possibility of up to six months in jail, I would suggest some legal representation for both the charge and your insurance matters.
While section 199 (failure to report) only applies in accidents with injuries or $1000 damage, section 200 (failure to remain) applies to any accident, regardless of damage or injuries. Perhaps your representative is aware of some case law that supports your situation, but your husband did commit the offence based on the wording of the act itself.807_Schaaf wrote:Thanks we do have legal representation as well as people who specialize in the highway traffic act representing us now , thank you. And we have been advised that he should not have been charged with a failure to remain as there was no need for him to remain, as there was no one else involved, and no one was hurt, and there was no one's information to take down. Also the damage appeared to be less than 1000.00. I have faith in our representitives
In terms of your insurance provider refusing to honor your claim, why do you believe they can only do so for failure to stop? To the best of my knowledge failure to remain, even under the Highway Traffic Act, is considered a serious offence on par with criminal charges. IÃƒÂ¢Ã‚â‚¬Ã‚â„¢m not sure what the legality is for denying a claim prior to any conviction, but I could see the claim being revoked if your husband was eventually convicted.
The Financial Services Commission of Ontario might be a good resource for your insurance questions. They oversee Ontario insurance providers and set the rules.