This is NOT a ticket but rather an accident question. I was parked illegally in our level P3 parking garage (condo) by storage as I was moving boxes. I was parking in "incoming" side of the lane. My neighbor who was coming up the ramp from level P4 to get out of parking lot hit my car and failed to tell me. She made a big scene as to why I am parked there but left. Afterwards, I noticed scratch on my bumper. Condo manager looking at the video (which they can't give to me as I have to involve police) says she backed off times and during those attempts hit me. The laws are a bit ambigous to me here: - If automobile "A" is parked when it is struck by automobile "B", the driver of automobile "A" is not at fault and the driver of automobile "B" is 100 per cent at fault for the incident. -If automobile "A" is illegally parked, stopped or standing when it is struck by automobile "B" and if the incident occurs outside a city, town or village, the driver of automobile "A" is 100 per cent at fault and the driver of automobile "B" is not at fault for the incident. I was in city - North York - but underground condo garage. I was illegally parked - I am assuming since it wasn't line parking - though no signs say don't park. She said she didn't hit me but had tons of attitude so I want to report her if she has. Apparently the video shows she has hit me. So am I at fault or not for being illegally parked. I wasn't in the car and couldn't see the accident as I was inside storage.
This is NOT a ticket but rather an accident question.
I was parked illegally in our level P3 parking garage (condo) by storage as I was moving boxes. I was parking in "incoming" side of the lane. My neighbor who was coming up the ramp from level P4 to get out of parking lot hit my car and failed to tell me. She made a big scene as to why I am parked there but left. Afterwards, I noticed scratch on my bumper. Condo manager looking at the video (which they can't give to me as I have to involve police) says she backed off times and during those attempts hit me.
The laws are a bit ambigous to me here:
- If automobile "A" is parked when it is struck by automobile "B", the driver of automobile "A" is not at fault and the driver of automobile "B" is 100 per cent at fault for the incident.
-If automobile "A" is illegally parked, stopped or standing when it is struck by automobile "B" and if the incident occurs outside a city, town or village, the driver of automobile "A" is 100 per cent at fault and the driver of automobile "B" is not at fault for the incident.
I was in city - North York - but underground condo garage. I was illegally parked - I am assuming since it wasn't line parking - though no signs say don't park.
She said she didn't hit me but had tons of attitude so I want to report her if she has. Apparently the video shows she has hit me.
So am I at fault or not for being illegally parked. I wasn't in the car and couldn't see the accident as I was inside storage.
In this case, I can see one of two options as to how the Fault Determination Rules will apply. Rule 17(2) does not apply in these circumstances because it requires Automobile "A" (your car) to be BOTH illegally parked AND outside a populated area - If automobile "A" is illegally parked, stopped or standing when it is struck by automobile "B" and if the incident occurs outside a city, town or village, the driver of automobile "A" is 100 per cent at fault and the driver of automobile "B" is not at fault for the incident. Then either: (1) Rule 17(1) will apply because Automobile "A" (your car), although parked illegally, is still parked and in this case, it doesn't matter if you're in a populated area or not - If automobile "A" is parked when it is struck by automobile "B", the driver of automobile "A" is not at fault and the driver of automobile "B" is 100 per cent at fault for the incident. (2) Otherwise, Rules 3 and 5 will apply: Rule 3. The degree of fault of an insured is determined without reference to, (a) the circumstances in which the incident occurs, including weather conditions, road conditions, visibility or the actions of pedestrians; or (b) the location on the insured's automobile of the point of contact with any other automobile involved in the incident. Rule 5. (1) If an incident is not described in any of these rules, the degree of fault of the insured shall be determined in accordance with the ordinary rules of law. The "ordinary rules of law" would be civil tort law. You would need to show that the other driver owed you a "duty/standard of care" and they were negligent. The other driver may argue that you are contributorily negligent for illegally parking. In the end, the adjudicator will decide fault between you and the other driver (i.e. 100-0; 50-50; 75-25, etc.)
In this case, I can see one of two options as to how the Fault Determination Rules will apply.
Rule 17(2) does not apply in these circumstances because it requires Automobile "A" (your car) to be BOTH illegally parked AND outside a populated area - If automobile "A" is illegally parked, stopped or standing when it is struck by automobile "B" and if the incident occurs outside a city, town or village, the driver of automobile "A" is 100 per cent at fault and the driver of automobile "B" is not at fault for the incident.
Then either:
(1) Rule 17(1) will apply because Automobile "A" (your car), although parked illegally, is still parked and in this case, it doesn't matter if you're in a populated area or not - If automobile "A" is parked when it is struck by automobile "B", the driver of automobile "A" is not at fault and the driver of automobile "B" is 100 per cent at fault for the incident.
(2) Otherwise, Rules 3 and 5 will apply:
Rule 3. The degree of fault of an insured is determined without reference to,
(a) the circumstances in which the incident occurs, including weather conditions, road conditions, visibility or the actions of pedestrians; or
(b) the location on the insured's automobile of the point of contact with any other automobile involved in the incident.
Rule 5. (1) If an incident is not described in any of these rules, the degree of fault of the insured shall be determined in accordance with the ordinary rules of law.
The "ordinary rules of law" would be civil tort law. You would need to show that the other driver owed you a "duty/standard of care" and they were negligent. The other driver may argue that you are contributorily negligent for illegally parking. In the end, the adjudicator will decide fault between you and the other driver (i.e. 100-0; 50-50; 75-25, etc.)
Thanks for the info. Who is the adjudicator? I doubt this will go to a court. Wouldn't my insurance be able to tell me who is at fault before I file this? How about collision reporting center. Can I ask them whose fault it is before filing? Also, why wouldn't the other rule apply? the rule which says a non-moving car is not at fault. ***She apparently (per video footage) move back and forth few times to pass my car and during those times she my car. Also, other cars didn't have to do what she did to pass my car. Her lane was clear but she was just not a skilled driver.
Thanks for the info.
Who is the adjudicator? I doubt this will go to a court. Wouldn't my insurance be able to tell me who is at fault before I file this? How about collision reporting center. Can I ask them whose fault it is before filing?
Also, why wouldn't the other rule apply? the rule which says a non-moving car is not at fault.
***She apparently (per video footage) move back and forth few times to pass my car and during those times she my car. Also, other cars didn't have to do what she did to pass my car. Her lane was clear but she was just not a skilled driver.
Your insurance provider uses the Ontario Fault Determination Rules. The rules are used by every insurance provider. They are the standard. The providers will be concerned with who pays what in the form of percentages. Officers are not looking to determine fault percentages. They don't care. That's not up to them to decide. They may decide to charge one party or even both. Either way, their decision isn't what determines fault from an insurance point of view. Just because one side is charged doesn't mean they are at fault. The charge may not be relevant to the accident or even issued correctly. If that person also manages to beat the charge, it doesn't mean they are off the hook through insurance either. The two processes are separate. If you go through your insurance provider, they'll likely ask that event is documented in a police report. That would mean you'd have to go through a collision reporting centre either way.
Your insurance provider uses the Ontario Fault Determination Rules. The rules are used by every insurance provider. They are the standard. The providers will be concerned with who pays what in the form of percentages.
Officers are not looking to determine fault percentages. They don't care. That's not up to them to decide. They may decide to charge one party or even both. Either way, their decision isn't what determines fault from an insurance point of view. Just because one side is charged doesn't mean they are at fault. The charge may not be relevant to the accident or even issued correctly. If that person also manages to beat the charge, it doesn't mean they are off the hook through insurance either.
The two processes are separate. If you go through your insurance provider, they'll likely ask that event is documented in a police report. That would mean you'd have to go through a collision reporting centre either way.
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
I got a ticket, Disobey stop sign, sec 136.1.a on dec 6th
I made a left in an intersection and was pulled over by a police officer in an unmarked car who had been sitting down the road. A classic fishing hole situation. I was genuinely surprised when he stopped me and told me I went through a stop sign without even slowing down. I know to shut up and be polite and take the ticket. I…
Yesterday morning, I rear-ended someone. I was going the speed limit. The sun was directly in front of me and it blinded my windshield and my eyes. At the same time, the person in front of me stopped/slowed down (also due to the sun). I started to slow down but didn't stop and I hit them since I couldn't see anything. I was not driving too close initially. I…
I was driving in the county at night and hit a limousine stretched out side ways across the road. The limo had its lights on and had side lighting as well. The police officer charged me with careless driving because it was "fully lit up".
It took me to the next day to figure out what had happened - what I remember made no sense. What I had run across was a "false visual reference" illusion.
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster untill I got pulled over at 147 on an 80 km hwy.
I alreaddy lost 3 points and this time was just the…
Hello, got stopped today for rolling a stop sign. Ticket says failure to stop, but quotes hta 1361b.
Doesn't 1361b mean failure to yield?
Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?
After he was providing me with a ticket for failure to obey to the stop sign (I am pretty sure I stopped but less than 3 seconds recommended by my driver ed. instructor), I know everybody say that..as an excuse.
Then he stopped me again to return the documents.
Any advice and feed back would be really appreciated.
Can you get evidence for whether someone had an advanced green at an intersection? My dad was making a right turn on a red (after stopping) into a plaza parking lot. He got hit by someone making a left turn from the opposite lane. The driver told the officer called to the collision that he had an advance green. My dad said he came out of nowhere which makes me…
So i was driving on Eglinton Avenue East near Rosemount Ave.
The school bus was on the the curb on the opposite side of the road while i was travelling on the middle lane of the three-laned Eglinton Avenue East (five lanes apart plus a raised median island seperating the traffic)
I could not see the school bus as my view of the bus was being obstructed by the cars in front of me and on my left hand…
Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
This morning I had an exam for university. I was studying the entire night and i wanted to catch like maybe 1-2 hours of sleep before the exam so i went to sleep. I woke up like 5 hrs after and realize that I was about to miss my exam. I still could have made it so I asked my dad for his car since I was in a huge rush and he gave it to me.
I went on the highway and I was going at 135 km/h but…
the police officer was in in the opesite oncumming lane he was fallowing another car so close that i was not even able to see his cruser till he was buy he said that i was going 111 in a 80 he said he hade me on radar he only asked for me drivers licencs and never asked for my insurence so on the ticket there no insurence dose enyone think i can beat this i wana take it to cort becuse he was…
Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
Can't remember exact date so lets call it some time in 2008 I got a fine for $5000.00 for driving without in insurance. I never paid the fine and in 2012 I was pulled over and the officer asked to see my license. Although I had it on me I figured it would be under suspension for the unpaid fine from…
Alright, so I did something really stupid the other day, I was driving down a country road and wanted to hit the curves so I passed 3 cars at once, inadvertently making it up to very much past 50 over (80 limit)... Much to my chagrin there was a cop coming in the opposite direction who immediately skidded on the gravel shoulder and who I thought was 100% going to turn around and pull me over,…
Anyone know how backed this courthouse is? I submitted my ticket for trial at the end of August, and still no letter. Im scared it got lost in the mail, can i call the courthouse and find out my courtdate? Or would i have to go in personally?
I recently received a ticket for failure to use low beams - while following - Ticket was issued Sec 168 (
- it was on the 401 and no one was within 500 meters of me, I was warning a oncoming vehicle that there was an officer hiding (which is not illegal or I could not find a law against it) it was a police vehicle travelling at very high rate of speed in the opposite direction with no lights on…
I received a warning letter from MTO for a 2pts ticket.What happened is that the police officer issued a "unsafe left turn" and then changed the ticket to "failed to signal" at the scene, but she submitted both tickets!!! And I !!!ONLY!!! received the latter ticket from her(I requested trial for "failed to signal"). I recently received notice from MTO that I'm convicted for "unsafe left turn".
Hello everyone! I was given a ticket for using a hand-held communication device while driving. It was 3 am, I was at a stop light and the cop saw me with the my phone in my hand. I told him i was just checking the time on it. I received the notes a few weeks ago ill copy them down below. Any help is appreciated although i believe there's no hope for me. The cop recorded me saying what phone i…
I got pulled over about 15 or so days ago the court till this date has not received the summons what is the legal time period that the court has to follow to accept the summons from the office court says its 15 days is the legal timeframe the officer has to serve it on the court
I requested for disclosure of information two months ago.
I received the radar manual after one month, but not others (including maintenance/calibration record of the radar, certificate of police training). On further pursuit, the prosecutor told me that he did not have them and he did not see why I needed these documents. He said he did not know where to get them when I asked.
Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.
I'm hoping to get some insight for a defense in this case.
I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into…