Hey Folks, I appreciate you taking the time to read and post. Two weeks ago, I was riding my bike through a parking lot when I collided with a vehicle. I was riding between parked cars and when the driver saw me they made no attempt to stop. The damage to her car was between $600 and $1300, and she reported the collision to the police. She insists that I am at fault and if I don't pay the $600 (which was the smallest repair quote she got), she'll have to make an insurance claim and she'll sue me for repairs, deductible, rental cost, legal fees, etc. The advice I have gotten so far indicates that she would be unwise to take me to court because it would more than likely cost her more than $600 in legal fees, even if she wins. Though I don't think she is smart enough to get that, especially since she seems to have paid for a consultation with a lawyer who wants her to go to court so that he/she can get more money out of her. She has given me until Thursday (July 31st 2014) to show up at an auto body shop and pay, otherwise she'll sue. I have had trouble finding any laws governing cyclists in parking lots; would I maybe be considered a pedestrian? Should I be worried about having to pay a whole lot more than $600 if she takes me to court? Thanks so much for any advice you have to offer. -Mobius D Flint
Hey Folks,
I appreciate you taking the time to read and post.
Two weeks ago, I was riding my bike through a parking lot when I collided with a vehicle. I was riding between parked cars and when the driver saw me they made no attempt to stop. The damage to her car was between $600 and $1300, and she reported the collision to the police. She insists that I am at fault and if I don't pay the $600 (which was the smallest repair quote she got), she'll have to make an insurance claim and she'll sue me for repairs, deductible, rental cost, legal fees, etc. The advice I have gotten so far indicates that she would be unwise to take me to court because it would more than likely cost her more than $600 in legal fees, even if she wins. Though I don't think she is smart enough to get that, especially since she seems to have paid for a consultation with a lawyer who wants her to go to court so that he/she can get more money out of her.
She has given me until Thursday (July 31st 2014) to show up at an auto body shop and pay, otherwise she'll sue.
I have had trouble finding any laws governing cyclists in parking lots; would I maybe be considered a pedestrian?
Should I be worried about having to pay a whole lot more than $600 if she takes me to court?
First of all, if she makes an insurance claim, the insurance company would cover everything above the deductible, unless you were at fault, in which case they'd cover 100% of it (usually). So her story is BS. The insurance company would also cover rentals, etc. So my advice would be to tell her to go through insurance and that you will not be paying, since you never agreed to cover her expenses. The threat of a lawsuit seems like extortion. I would at least make a phone call to the police and see if they have any insight. I've seen plenty of cases like this before. Somehow I doubt that she, or any normally-functioning individual, would retain a lawyer over a $600 car scrape. I can, however, see plenty of people trying scare tactics to force people into payment.
First of all, if she makes an insurance claim, the insurance company would cover everything above the deductible, unless you were at fault, in which case they'd cover 100% of it (usually). So her story is BS. The insurance company would also cover rentals, etc. So my advice would be to tell her to go through insurance and that you will not be paying, since you never agreed to cover her expenses.
The threat of a lawsuit seems like extortion. I would at least make a phone call to the police and see if they have any insight. I've seen plenty of cases like this before. Somehow I doubt that she, or any normally-functioning individual, would retain a lawyer over a $600 car scrape. I can, however, see plenty of people trying scare tactics to force people into payment.
* 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
I had something similar happen to me, a bike hit my car in a parking lot and since the biker had no way to paying and the damage to the car was high due to the type of car I sued in small claims court. The damage to the car was $2700, and the court awarded me $3500 to cover court costs, time spent, and damages. The biker didn't pay so I needed to go back to the court and they granted a new judgement and again covered court costs. In the end it ended up costing the bike rider a little over $4000 and his wages were garnished until I was paid in full. You don't need a lawyer for small claims court only pay the $200 fee which you can sue for to get back. By reading above you admitted fault riding between cars then crossing a lane way clearly without looking, sounds like she has a good case on you.
I had something similar happen to me, a bike hit my car in a parking lot and since the biker had no way to paying and the damage to the car was high due to the type of car I sued in small claims court.
The damage to the car was $2700, and the court awarded me $3500 to cover court costs, time spent, and damages. The biker didn't pay so I needed to go back to the court and they granted a new judgement and again covered court costs. In the end it ended up costing the bike rider a little over $4000 and his wages were garnished until I was paid in full.
You don't need a lawyer for small claims court only pay the $200 fee which you can sue for to get back.
By reading above you admitted fault riding between cars then crossing a lane way clearly without looking, sounds like she has a good case on you.
I have a problem and not sure what the hell to do about it. Few days ago I was stopped on a street going westbound against blinding afternoon sun following the flow of traffic. I drive a taxi for living in Toronto and have ACZ driver's license. I have a perfect record both for professional as well regular demerit points. I haven't been pulled over as a matter of fact in some 15 years for…
I have recently gone to court for a speeding ticket issued by an OPP officer. As it stood, the officer forgot to sign the ticket. So at my trial, before I made a plea, I pointed this out to the justice of the peace and asked that the ticket be quashed. I was asked to produce my copy of the ticket, which I gave and the JOP then agreed with me and dismissed the case. Before he did so, the…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
So here's my situation, any advice would be appreciated.
On June 26, 2013 I received a ticket for 25 over in a 60 zone
In early October I received my notice of trial (Feb 25, 2014)
In early January I sent in my request for disclosure
In late January I received a letter to pick up my disclosure, however when I picked up my disclosure it wasn't typed (I had requested it to be) and I needed…
Is there a legal requirement to report an accident to the insurer?
Scenario
- 2 vehicle accident
- each vehicle has less than $1000 damage
- each vehicle has damage roughly equal to insurance deductible
- a police Accident Report was completed
In this scenario the drivers decided to repair their own damages. But are they legally bound to report the accident and damages to the insurer? ...and out of…
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.
i got pulled over by a cop this morning in my kids's school zone for failure to stop at a stop sign. i am thinking of fighting this ticket, but i noticed that on the ticket itself it only says "disobey stop sign - fail to stop" and there is no mention of the demerit points. a co-worker mentioned to me that a ticket should state how many demerit points i am being docked. i know the Highway Traffic…
Alright, so this happened back awhile ago on June and I haven't appeared in Court. However, I would like some inputs and advice before I get into this battle.
Back in June I got a Speeding Ticket claiming I was going 100km/h on Blackcreek going south towards Lawrence. The Speed Limit there is 70km/h.
At this point of time, it was roughly traffic hour around 4-5PM. Coming off of the Highway, and…
Ive already done searches, read the act as best i can but still haven't read a complete answer. Where in the HTA does it state that the front license plate must be attached to the front bumper? I have it on the passenger sun visor (if ppl remember the old temp permits that taped to the pass side of windshield) i figured that this spot would be the same. However now they have got rid of…
My son was returning from school and was just entering the driveway when another vehicle hit the rear end. Police writes a ticket "fail to yield from private drive" 139(i). He is going to fight this ticket and made an application for disclosure. The trial is next week and he still hasn't received the disclosure.
He checked with the court last month and they said that they will call when disclosure…
i was travelling on the 401 (posted speed 100km/h) in the far left lane, when i caught up to a vehicle going ~110km/h. I patiently waited for the vehicle to move over a lane, but they did not. The vehicle behind me moved to the center lane to pass, but because he was a safe distance behind me, i moved into the middle lane ahead of him to pass the slower moving car. When I accelerated, i…
So I was returning from my honeymoon in Montreal, and was cruising down the 401 just inside the Ontario/Quebec border. I was passing one of the Onroute stations and saw an OPP cruiser. I checked my speed and I was doing 120. A few kilometers up the road the cruiser pulled me over and told me I was clocked doing 132 by the aircraft. I was a little surprised to see the ticket was for the full…
I made a right turn during prohibited hours (7am-6pm) in Toronto. I was ticketed by a COP who was specially watching for that trap.
After I've received the ticket HTA144(9), I discovered one of the seven digits of my license plate was incorrectly written on my ticket. I was thinking about to make a First Attendance at the court office to see the prosecutor for a reduced charge...any advice or…
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
I am not sure if my case is really a case of " mis-use parking permit" and need some advises on whether i should fight the ticket. Here is what happened:
During the labor day long weekend, I took my parents to diner at a local shopping mall. (my father's hip was broken in 2016 and he's been on wheelchair since, the permit is in his name and I been using the permit to help him for doctor's…
I have a court date coming up where I need to subpoena one of the officers that was present when I got my ticket. The issuing officer didn't include the fact that the second one was present at the time in his report (disclosure) but did give me the second officers name and badge number after the judge told him to do it.
What I'm looking for help with is the process of me getting to…
I got pulled over on a 4 lane section fo Highway 7... Thank god I didn't get a stay at home ticket as well or my car impounded.
Officer clocked me at 156 km/h he decided not to impound my car and give me a 149 km/h since it was my first offence and he said I was polite and respectful. I would give this officer a 5/5 review if I could, very polite and respectful.
Long story short, I was driving from Toronto to Ottawa and around Napanee with my friend in two separated cars, the officer was parked on uturn. He followed us turn his light on and got between us and pulled us over, he told me that i was running at 152 km/h without showing me his LISAR. they suspended my and my friends license and impounded the two cars for 7 days. This was a Friday in January…
I'm unsure on what to do here. I was under the impression that I could request a stay on the day of trial because disclosure was not given to me in an adequate time. I requested disclosure 2x by fax, 5 months ago.
I read on ticketcombat that I had to file a motion 15 days prior to the trial to request a stay of proceedings.
Does anyone else get blinded by fog lights on rural roads? I don't seem to have a problem with them on lighted streets, but the badly aimed fog lights or ones with a poor cutoff really get to me when driving the Escort. I just came back from a 20-minute drive, and every single pickup truck had fog lights on, and forced me to focus on the bottom right of the road. My windshield is clean and…
