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Ontario Highway Traffic Act

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PostPosted: Wed May 19, 2010 8:10 pm 
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might still apply to the 3,7,30 suspensions........guess the only way is to call insurance company and find out


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PostPosted: Wed May 19, 2010 9:28 pm 
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Location: In YOUR rearview mirror!
ah ha ... just found the answer

ADLS (3, 7, 30 and 90day) are not to be used against the person to raise the insurance rates.
All other suspensions will be used
http://www.fsco.gov.on.ca/English/pubs/ ... -04_06.asp

And the MTO will not charge a reinstatement fee
http://www.mto.gov.on.ca/english/dandv/ ... tate.shtml

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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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PostPosted: Wed May 19, 2010 9:31 pm 
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all this speculation....Lets look at it simply.


You are an insurance company and you find out guy has suspension due to alcohol. Do you not think that they will assess that person as a higher risk than someone who has not?

ADLS or not if your insurance company finds out about it they will raise your premiums i suspect.

At least that is what my insurance company told me...

OPS

Oh and i think that a 3,7,30 day suspension stays on your record for 5 years


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PostPosted: Thu May 20, 2010 8:21 am 
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From the link

"... Reasons can include non-renewal or expiry of a driver’s licence due to a consumer’s oversight, temporary medical conditions, unpaid parking tickets, outstanding support payments to the Family Responsibility Office or outstanding payment to the Motor Vehicle Accident Claims Fund."


What if I say I got the suspension because of unpaid parking tickets??


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PostPosted: Thu May 20, 2010 7:57 pm 
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sroghen wrote:
From the link

"... Reasons can include non-renewal or expiry of a driver’s licence due to a consumer’s oversight, temporary medical conditions, unpaid parking tickets, outstanding support payments to the Family Responsibility Office or outstanding payment to the Motor Vehicle Accident Claims Fund."


What if I say I got the suspension because of unpaid parking tickets??


You have just committed insurance fraud and would be dropped and blacklisted...

You think premiums for a suspended licence would be bad....wait to see them after. lying to them...Plus your driving record will show that you were suspended for alcohol.

Plus in Ontario your DL is not ever suspended for parking tickets, They just do not let you renew your plate until they are paid.

OPS


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PostPosted: Sat May 22, 2010 12:54 pm 
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sroghen wrote:
What if I say I got the suspension because of unpaid parking tickets??


As OPS Copper is indicating... never, ever, lie to the insurance company. They will find out, hopefully before anything happens. If you were to, say, get in a collision, the first thing they do is dig through your records to see if you are/were suspended or there's any reason to deny your claim. (And they will dig deeper than you'd ever imagined.)

When they find out that you lied to them, they will refuse payment. If you were at fault, the other driver's insurance company (and the other driver, possibly) will sue you personally, since your insurance company won't cover you. And, you can probably expect the police to be banging on your door.

It seems like a simple, nonchalant excuse for why you were suspended, but the insurance companies sure don't view it that way. Be careful.

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PostPosted: Mon Aug 16, 2010 6:34 pm 
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hey all, sorry for bringing back an older thread but i believe i can shed some light on this topic.
recently (unfortunately) i was convicted of this same offense, i got the 3 day suspension and on the ticket it clearly states that i was being charged under the highway traffic act for having a G2 and driving with a BAC above 0. i have talked with my insurace company (RBC) and as of next month my premium will be increased accordingly, and since i am 20 with only a G2 i will be classified as "high risk".

hope this helps


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PostPosted: Tue Aug 17, 2010 1:42 am 
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Location: South Western Ontario
What's interesting about this is that any Administrative Lapse or Suspension cannot be used in calculating your premium as per FSCO..

This includes suspensions for STUNT DRIVING and other offences if they are successfully argued in court.

For example: if someone was pulled over for an alleged stunt driving offense, and then went to court and was found not guilty/charges withdrawn etc. the insurance company cannot fairly assess that person as a higher risk! What if the officer was mistaken, what if the equipment was faulty etc. etc.

The insurance company still sees the suspension as "Administrative - Stunt Driving" or whatever the case may be, but as long as the agents are doing their job and not completely retarded, they cannot increase your premium (in fact, the computer system will often let them just click through that screen).

So the moral of this story is that they can see your suspension and the reason why it occurred, but if you weren't convicted they do not have the ability to use that against you- it is in fact against their policy.

What if you got a warn indication on a faulty breathalizer? You'd still be charged, but it would be totally unfair for that suspension to count against your premiums if it was the machine's fault.

The real interesting part of it is that the ministry OUTRIGHT REFUSES to rescind suspensions where this has been the case. There was a recent stunt driving case where the officer failed to test his radar unit and had completely inaccurate testimony regarding the offense, and the crown was forced to withdraw all charges against the accused. When the accused called the MTO office that deals with suspensions they said they would not rescind the suspension because the driver was "guilty in the opinion of the officer" and that the OPP would have to call the MTO in order to have the suspension reversed.

The accused decided not to pursue the issue when he learned that insurance companies can't use that suspension in the calculation of his policy, however it is on his record forever.

Weird, huh?

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