I was downtown for the Brasil game and was sad they lost and even futher when i came out and saw my vintage vehicle had been hit. It had just been finished being restored with a brand new paint job.There where some witnesses that came out of the shops to alert me of the hit and they had the persons plate number. i also noted that a phone number had been left, but that this person had clearly left the scene.after many attempts to reach this person and leaving a voice mail the call was finally returned.i did not want to handle this through insurance as it will greatly depreciate my vehicle, which is over 30yrs. old and has never been in an accident,this person tried to say maybe it was my parked car that caused the accident !In any event before speaking with me directly they say they have reported it, i was trying to avoid having to do that for my sake and the other parties, and i would have been negotiable. I estimate between 800-1200$ worth of dammage as they scraped all down the side of my car,my question is can they be charged with failing to remain and can i go after them (civil) for loss of value to my car.
I was downtown for the Brasil game and was sad they lost and even futher when i came out and saw my vintage vehicle had been hit.
It had just been finished being restored with a brand new paint job.There where some witnesses that came out of the shops to alert me of the hit and they had the persons plate number.
i also noted that a phone number had been left, but that this person had clearly left the scene.after many attempts to reach this person and leaving a voice mail the call was finally returned.i did not want to handle this through insurance as it will greatly depreciate my vehicle, which is over 30yrs. old and has never been in an accident,this person tried to say maybe it was my parked car that caused the accident
!In any event before speaking with me directly they say they have reported it, i was trying to avoid having to do that for my sake and the other parties, and i would have been negotiable.
I estimate between 800-1200$ worth of dammage as they scraped all down the side of my car,my question is can they be charged with failing to remain and can i go after them (civil) for loss of value to my car.
+1 People play these stupid games, such as "I ran the red light, but it's your fault," or "your vehicle was parked, so it's your fault," or "you should have known I wasn't going to yield, so it's your fault." Blah blah blah. What I'd do is let the guy know that he can be charged with fail to remain, so if he wants to play games, you'll just get the police involved. Civil suit? Depends... don't know for sure, but I'd say you could...
+1
People play these stupid games, such as "I ran the red light, but it's your fault," or "your vehicle was parked, so it's your fault," or "you should have known I wasn't going to yield, so it's your fault." Blah blah blah. What I'd do is let the guy know that he can be charged with fail to remain, so if he wants to play games, you'll just get the police involved.
Civil suit? Depends... don't know for sure, but I'd say you could...
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Thanks guys for your help i did try to negotiate with the other party and reminded them that their ins. would prob. go up and they did not seem to care. I have called the collision reporting centre, and i will be going in today. unfortunate, bad things i guess happen to nice people. Didn't want to go through ins. because the more claims you have, even if they are not your faul,t the more you pay because you are a "risk" we have already been hit a few times over the years with other vehicles we have and we have an at fault as well. I hope they do charge the other party with failing to remain,it's the only consolation i have. glad to hear i may have some recourse with a civil suite, if i have to go that route. i will keep in touch as i will need a lawyer.
Thanks guys for your help
i did try to negotiate with the other party and reminded them that their ins. would prob. go up and they did not seem to care.
I have called the collision reporting centre, and i will be going in today.
unfortunate, bad things i guess happen to nice people.
Didn't want to go through ins. because the more claims you have, even if they are not your faul,t the more you pay because you are a "risk"
we have already been hit a few times over the years with other vehicles we have and we have an at fault as well.
I hope they do charge the other party with failing to remain,it's the only consolation i have.
glad to hear i may have some recourse with a civil suite, if i have to go that route.
If the situation is as you describe it, Mr. Hit and Run is going to wish he'd just paid for the damages, IMO... fail to remain is not a "fluff" charge. If he's convicted, his insurance company will almost certainly terminate his coverage, and he'll have to get Facility Insurance, which is usually well over $12K per year.
If the situation is as you describe it, Mr. Hit and Run is going to wish he'd just paid for the damages, IMO... fail to remain is not a "fluff" charge. If he's convicted, his insurance company will almost certainly terminate his coverage, and he'll have to get Facility Insurance, which is usually well over $12K per year.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
. Hi babygirlz05: Unfortunately you can not sue the other driver directly for damages. Read section 263 subs (1) and (5) of the Insurance Act. http://www.e-laws.gov.on.ca/html/statut ... htm#s263s1 Consult with a lawyer to see if you can recover, from your insurance company, the loss of your car's value as a result of the collision since it is a vintage vehicle s.263(2). http://www.e-laws.gov.on.ca/html/statut ... htm#s263s2 Cheers. .
.
Hi babygirlz05:
babygirlz05 wrote:
I estimate between 800-1200$ worth of dammage as they scraped all down the side of my car,my question is ... can i go after them (civil) for loss of value to my car.
Unfortunately you can not sue the other driver directly for damages. Read section 263 subs (1) and (5) of the Insurance Act.
Consult with a lawyer to see if you can recover, from your insurance company, the loss of your car's value as a result of the collision since it is a vintage vehicle s.263(2).
I guess you can, read my case- http://www.ontariohighwaytrafficact.com/topic497.html Let's say you had an accident, not your fault, but the insurance company did not cover it as it is for example lower then your deductible...or any other reason...
Unfortunately you can not sue the other driver directly for damages. Read section 263 subs (1) and (5) of the Insurance Act.
Let's say you had an accident, not your fault, but the insurance company did not cover it as it is for example lower then your deductible...or any other reason...
It doesn't matter what charge they get or not. Comprehensive covers it.(less deductible) No issue to your fees. It is not a liability case so no increase in insurance fee. If you need more info ask Cheers Viper1
babygirlz05 wrote:
Just a thought and was wondering,
can the person still be charged even after the incident?
Thanks again for your help
It doesn't matter what charge they get or not.
Comprehensive covers it.(less deductible)
No issue to your fees.
It is not a liability case so no increase in insurance fee.
If you need more info ask
Cheers
Viper1
"hang onto your chair when reading my posts
use at your own risk"
ok well here is my story .. I had an old megaphone from alarm system and decided since my horns on my car were rusted and were not making a loud enough sound.. i connected the alarm megaphone to the horn wires and it sounded very cool. depending on how log i hold my horn down for . due to the size of the power horn.. and mhy car being a Honda.. meaning no room under the hood i had installed it…
So I got this ticket because the lady behind me was WAY too close and I had to back up before getting hit by another car and dented her bumper.
Offense is stated as follows: Start from Stopped position - Not in Safety
Highway Traffic Act 142 (2)
First of all, I don't really know what that means and if it says that I was not in safety (which I wasn't) why am I getting a ticket? And why didn't the…
This is my first time ever getting a ticket and I am completely frustrated and don't know what to do.
On July 7th, I was driving to work, taking my usual route and it's about a 15 minute drive for me. At the first red light, I noticed I had a bit of time thanks to the countdown so I quickly reached into my bag to grab a lip balm. I noticed I had brought the wrong one so I just kept it out and…
It happened last December. I was facing north in the middle of the intersection at Donmills and McNicoll waiting to make a left turn. There was a big white van on the other side of McNicoll facing south waiting to turn left too. When the light changed to amber, I checked and the road was clear, there was no upcoming vehicle. So slowly I made the left turn. Suddenly a small car dashed up from…
First off, the most similar case and HELPFUL thread has y far come from neo333: a great read and very similar and relevant to my case and of course ticketcombat.com
I'll cole's notes this so that it can be concise and can recap my experience with disclosure, notes and failed stay request and adjourned court date. Thank you for reading and leaving your opinion.
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
Got my first ticket last Thursday and I have a couple of questions. I was driving westbound on Moore St. (west of Bayview) and made a left onto a residential street at a 4-way stop sign. It was my first time driving through that area - was driving my girlfriend to a wisdom tooth surgery.
The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses…
I was in a light collision with a police vehicle last November and will be having a trial by the end of the month. What happened was I was pulled over. I stopped and kept my right signal on. The cop car then tried to pull behind me when he was on my left but 2 cars pulled behind me. The cop wasn't too smart and instead of waiting for the two cars to pull away, he drove forward and boxed all the…
A friend of mine (who is from China and with no knowledge of English at all) asked me to interpret for him on court.
He got pulled over by a stealth patrol car last october, got 3 tickets (fail to show insurance card, using cell phones and fail to stop on right for emergency vehicle) , court date is next week. He told me his insurance expired for less than a month and other charges are false…
My husband was driving my car and passed a school bus with flashing lights. He did not realize this until he was past the bus. The driver honked at him but there were no cops nearby and he didn't get pulled over. I believe the driver or witnesses reported this and we got issued a ticket in the mail. The ticket is under my name as the registered owner: charged with Fail to Stop for…
I have just got a ticket (Fail to yield on through highway) and by the way it's me first ticket and this is how I got it.
Me driving in a residential neighborhood maybe 10-15 km/h approaching a stop sign completely stopped at the stop sign started moving again turning right and out of nowhere I was hit by this van. he went directly to the driver's side fender,wheel, and bumper. Since it was my…
Hi I'm new to this forum but I hope I'm bringing you all good news.
I recently wrote a book short titled ABUSE OF POWER
This book is all about how the Ontario government broke the law to enact the new street racing legislation.
To start with the denial of the right to remain innocent until proven guilty was enacted without due process under the Charter of Rights and Freedoms. How it wasn't done…
So i lent my car to my gf the other day and she went to drop her friend at a Go station but when she was turning left into the parking lot at the Go station a bus hits her from behind while she was turning so now my rear fender is pushed in and more scrathes and my bumper is damaged...but the cop that showed up just kept telling my gf thats its her fault cause its private property...is that true…
Hi, thanks for reading. I've read a bunch of articles online and searched the forum to try and find my answers but I'm still unsure so I'm creating a new thread.
I was following a car that was going SUPER fast down the DVP but I got pulled over. I was speeding, too; however I don't want to use the "you got the wrong guy" defence because I'll probably lose.
I left my home at 4 am to pick up my daughter from downtown Toronto. When I passed the major intersection south of my house there were two police cars in the middle of the intersection and one officer waved me through the intersection.
When I returned with my daughter at 5:30 am the police cars were still in the intersection. I slowed down as I approached the intersection but the police were no…
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
When the court sends out the notice of trial, do they use the address the officer wrote on the ticket, or the actual address in the MTO database? In the case of the former, what are the implications? The reason I ask is that my wife got a ticket last week and the officer wrote the wrong city on it.
This topic discusses the same thing but with CN police; is it any different for regular offences?
Driving onto ramp entering a major highway, posted limit is 100km/h, suggested ramp limit is 40km/h - I end up colliding with the concrete barrier on the passenger side of the vehicle.
Police arrive, suspect alcohol and breathalyze me with a result of 0.00 - I am asked for a statement and cautioned, however (stupidly) I proceed to provide the details anyways.
My friends and I were heading to Kelso Beach, I had signalled and i pulled off to the shoulder as my car seemed to be making noise, but after riding over the shoulder the noise stopped, i signalled back again and merged back into traffic after making sure it was safe, the officer which was ahead of me on the shoulder a few meters away pulled me over.…
I've decided to fight a traffic ticket for stop sign violation. The offense was 12 months ago, and I've got a court date for next Tuesday. I've requested disclosure and, although a bit last minute, received it two weeks before my court date.
Upon reviewing the case materials, there isn't much of a defense I can find -based on the cop having an obstructed view, or any mistakes in the…
I will be going to trial for my red light camera offence.
I'll be arguing two issues, centered on the fact that there are two essential elements of 144(18) - a) a vehicle approaching the intersection shall stop; and b) the vehicle shall not proceed until green. Both essential elements must be contravened beyond a reasonable doubt to be an offence.
1) My ticket says I (being the owner) am "charged…
I'm a newbie, so be kind if I'm messing up. Question: is it illegal to signal oncoming traffic that they are approaching a speed trap by flashing one's lights?
I ask because I was stopped for doing that yesterday evening, but did not end up with a ticket. The officer spend 5-10 minutes n his car, then sent me on my way. I'm wondering if he changed his mind or found out it was legal.
ok well here is my story .. I had an old megaphone from alarm system and decided since my horns on my car were rusted and were not making a loud enough sound.. i connected the alarm megaphone to the horn wires and it sounded very cool. depending on how log i hold my horn down for . due to the size of the power horn.. and mhy car being a Honda.. meaning no room under the hood i had installed it…