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Ontario Highway Traffic Act

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Failing to report
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PostPosted: Thu Feb 25, 2010 2:04 am 
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Joined: Thu Feb 25, 2010 1:51 am
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So I got into a minor accident yesterday. (Feb24 2010). I was backing out of my driveway, and it had just snowed. As I backed out, I tapped the vehicle which was parked behind my driveway.

I got of my vehicle looked at the damage. It was in my mind about 400-500 dollars. So I went to the house where the car was parked and asked if the car owner was there. The car owner came out and she called her husband to come to the scene. I waited till the husband came.

Than we decided that I would pay cash or report to my insurance company, depending on the cost of the damage. I contacted the husband the next day and was told by him that it would cost 2500 dollars!! I was shocked to hear that and I am thinking he is swindling me for money. But than I told him that I cannot pay that much cash and must go through insurance.

Is it possible for me to get a ticket for not reporting the accident? Should I go through insurance or try to scrape the cash together through loans? Will the insurance company cover me now that it has been 2 days already, and will be going onto my third day?

I'm a student at university and moneys hard to come by. Any suggestions and guidance will be very much appreciated!


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PostPosted: Thu Feb 25, 2010 8:37 am 
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Joined: Tue Apr 22, 2008 7:21 am
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Location: In YOUR rearview mirror!
HTA 199. Every person in charge of a motor vehicle who is directly or indirectly involved in an accident shall, if the accident results in personal injuries (even a cut on a finger) or in damage to property apparently exceeding an amount prescribed by regulation (which is $1000), report the accident forthwith to the nearest police officer and furnish him or her with the information concerning the accident as may be required by the officer under subsection.

HTA 201 Every person who, as a result of an accident or otherwise, operates or drives a vehicle upon a highway and thereby damages any shrub, tree, pole, light, sign, sod or other property on the highway or a fence bordering the highway shall forthwith report the damage to a police officer

Fail to Report Collision = $110 & 3 demerit points
************************************************
If you think the person is swindling......I personally would ask him for at least 2 estimates in writing from a body shop (company logo on quote).

If you go through insurance they will most likely require a police report.

You will have to decide:
1) cost of repair vs
2) deductible + any insurance increase? + ticket?

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Re: Failing to report
PostPosted: Thu Dec 01, 2011 10:24 pm 
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well first of all you have no proof of cost so why would you suppose you would be liable for a ticket

I would be getting a quote of your own for the damage ...tell the car owner you would like to be sure of the cost before paying. Then if to much for you to pay I would contact insurance which he may as well do as the claim will go through the car owners insuarance now as its all no fault insurance.

If they want an occurance number then tell cops after the fact (which is obviously case now) and make reference to the damage being MINOR....you shouldnt get a problem..OR just admit liability to his insurance company for minoor damage and say there was no reason to report based on the minimal damage...... this website can give some real pessimistic answers....


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