Failure to remain

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807_Schaaf
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Failure to remain

by: 807_Schaaf on
Mon Jun 24, 2013 11:35 pm

HI! So my husband was driving home at 2 am and blew out his back passenger tire which caused him to hit a parked car, he did quite a bit of damage to the car , there was no one around , and he did not have any paper to leave a note, also because it was a very old 1980 car and my husband assumed the damage was less than 1000,00 dollars and he left and did not report it until the next day. A week or more later an officer showed up and and charged him under the Highway Traffic act subsection 200 fail to remain . He also said that more charges would follow? I asked what kind of charges> He stated "well an impaired charge" I said well he wasn"t drinking and he said he had witnesses, which we know is a lie because my husband was not drinking. NOw My Insurance company is denying us Insurance to our vehicle ?? What I do not understand is how they can deny us, my husband has NOT been charged with a criminal Offence, he has been charged under the highway traffic act, also the only exclusion Insurance companys can get away with is if you have a Failure to stop charge, which I explained to them he DOES not have and that a Failure to stop and Failure to Remain are two different charges. Also I have found info on the Motor Vehicle Law that they cannot breach Insurance due to a failure to remain only if he was charged with a (252) Leaving the scene. I feel they are blowing smoke up our a** as to not cover us. They also said today that according to the police the case is not closed and that more charges are pending? So they said therefore they will close the Insurance claim until then?? Has anyone else else fallen victim to their Insurance companies lies? Any advice would be VERY helpful :)
Thanks!!
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Decatur
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by: Decatur on
Tue Jun 25, 2013 9:26 am

Because it appears that these may be Criminal charges, I would strongly suggest seeking legal counsel. This forum wil not generally comment on anything criminal.
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807_Schaaf
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by: 807_Schaaf on
Tue Jun 25, 2013 12:24 pm

He has not been charged with any criminal offences and he was not drinking so we are not concerned with a DUI< My question is to whether or not he can be charged with a failure to remain. Thank you for your comment .
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Decatur
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by: Decatur on
Tue Jun 25, 2013 1:00 pm

You've indicated in your original post that he was charged with fail to remain already. So the answer is yes. That charge does fit your description of the incident.
As for yor insurance questions, you might want to start by looking at the IBC website. http://www.ibc.ca/en/index.asp
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807_Schaaf
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by: 807_Schaaf on
Tue Jun 25, 2013 1:19 pm

Fail to Remain is a highway traffic act charge not a criminal offence. I read tons of questions on here before i took the time to register , I don"t believe I'm out of line looking for some simple advice. If you do not want to answer my question , you do not have too.
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807_Schaaf
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by: 807_Schaaf on
Tue Jun 25, 2013 1:21 pm

I have also been advised since then they they do not have the right to charge him with a failure to remain, as there was no need for him to remain.
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Decatur
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by: Decatur on
Tue Jun 25, 2013 2:28 pm

I believe I did answer your question:
"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, 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.

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.
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by: 807_Schaaf on
Tue Jun 25, 2013 4:06 pm

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 :)
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by: Stanton on
Tue Jun 25, 2013 11:18 pm

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 :)
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.

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. I’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.
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