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 curiosity... does the accident impact the insurance coverage even if no claim was made?
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 curiosity... does the accident impact the insurance coverage even if no claim was made?
According to the Insurance Act, if you're planning on filing a claim, you have seven days from the time of the incident to report it. If not, no report is required UNLESS the insurance policy says "you must report all damage or collisions." That's rare, though. Check your policy. Unless a driver was charged with an offence, no. Another example: My car got banged up in a parking lot in two separate hit-and-run incidents (Note to Toronto drivers: STOP HITTING MY CAR!! :x ) one of which gouged and wrecked the right rear quarter-panel and the other buckled and dislocated the front bumper. No surveillance cameras, no chance of identifying the driver or the suspect vehicle, so I'm paying out of pocket rather than dealing with insurance and having my rates go up for the next six years (did the math, cheaper to pay out of pocket). So, I didn't bother reporting it to my insurance company, as far as putting in a claim goes.
According to the Insurance Act, if you're planning on filing a claim, you have seven days from the time of the incident to report it. If not, no report is required UNLESS the insurance policy says "you must report all damage or collisions." That's rare, though. Check your policy.
6rob51 wrote:
does the accident impact the insurance coverage even if no claim was made?
Unless a driver was charged with an offence, no.
Another example: My car got banged up in a parking lot in two separate hit-and-run incidents (Note to Toronto drivers: STOP HITTING MY CAR!! ) one of which gouged and wrecked the right rear quarter-panel and the other buckled and dislocated the front bumper. No surveillance cameras, no chance of identifying the driver or the suspect vehicle, so I'm paying out of pocket rather than dealing with insurance and having my rates go up for the next six years (did the math, cheaper to pay out of pocket). So, I didn't bother reporting it to my insurance company, as far as putting in a claim goes.
Last edited by Radar Identified on Mon Nov 30, 2009 11:21 pm, edited 1 time in total.
If there is a collision report completed, it will eventually get to the MTO and added onto the drivers licence. When insurance checks the licence, they will see the collision. Would not want to say no collisions if asked, as that might be a reason to cancel your insurance for a false statement.
If there is a collision report completed, it will eventually get to the MTO and added onto the drivers licence.
When insurance checks the licence, they will see the collision.
Would not want to say no collisions if asked, as that might be a reason to cancel your insurance for a false statement.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Unless a driver was charged with an offence, no. Another example: My car got banged up in a parking lot in two separate hit-and-run incidents (Note to Toronto drivers: STOP HITTING MY CAR!! :x ) one of which gouged and wrecked the right rear quarter-panel and the other buckled and dislocated the front bumper. No surveillance cameras, no chance of identifying the driver or the suspect vehicle, so I'm paying out of pocket rather than dealing with insurance and having my rates go up for the next six years (did the math, cheaper to pay out of pocket). So, I didn't bother reporting it to my insurance company. R I not sure about that. If your car is parked and damaged by another driver there is no impact on your insurance record. My car was scraped from front to back, by a 5 ton, while parked, about $3000 damage. $100 deductible applied so they paid me $2900. No claim added to record.(still 7 star) The only time that there is no effect on your insurance (rates) is when you are out of the car or when something hits you from the air. Cheers Viper1
Radar Identified wrote:
According to the Insurance Act, if you're planning on filing a claim, you have seven days from the time of the incident to report it. If not, no report is required UNLESS the insurance policy says "you must report all damage or collisions." That's rare, though. Check your policy.
6rob51 wrote:
does the accident impact the insurance coverage even if no claim was made?
Unless a driver was charged with an offence, no.
Another example: My car got banged up in a parking lot in two separate hit-and-run incidents (Note to Toronto drivers: STOP HITTING MY CAR!! ) one of which gouged and wrecked the right rear quarter-panel and the other buckled and dislocated the front bumper. No surveillance cameras, no chance of identifying the driver or the suspect vehicle, so I'm paying out of pocket rather than dealing with insurance and having my rates go up for the next six years (did the math, cheaper to pay out of pocket). So, I didn't bother reporting it to my insurance company.
R I not sure about that.
If your car is parked and damaged by another driver there is no impact on your insurance record.
My car was scraped from front to back, by a 5 ton, while parked, about $3000 damage.
$100 deductible applied so they paid me $2900.
No claim added to record.(still 7 star)
The only time that there is no effect on your insurance (rates) is when you are out of the car or when something hits you from the air.
Cheers
Viper1
Last edited by viper1 on Mon Nov 30, 2009 9:40 pm, edited 1 time in total.
"hang onto your chair when reading my posts
use at your own risk"
"a police Accident Report was completed" Pics etc. are sent to your insurance company same day you report it. Under $1000 no need to report it. Cheers Viper1
6rob51 wrote:
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 curiosity... does the accident impact the insurance coverage even if no claim was made?
"a police Accident Report was completed"
Pics etc. are sent to your insurance company same day you report it.
Under $1000 no need to report it.
Cheers
Viper1
"hang onto your chair when reading my posts
use at your own risk"
Interesting... they told me "it's a claim so it will affect your rates." :shock: Wonder if I got the right info from them. :? EDIT: Should clarify - I mentioned the damage to them, so I guess that could count as a report, but never filed a claim.
viper1 wrote:
The only time that there is no effect on your insurance (rates) is when you are out of the car or when something hits you from the air.
Interesting... they told me "it's a claim so it will affect your rates." Wonder if I got the right info from them.
EDIT: Should clarify - I mentioned the damage to them, so I guess that could count as a report, but never filed a claim.
Rates will not be affected if you are hit from behind as well, which is 0% responsibility according to insurance accident rules. I'm just completing a FSCO course right now, and some of the fault rules are infuriating, including this one, because even if idiot driver #1 pulls in front of you in some road rage battle and slams on his breaks and you hit him, he was the one who drove carelessly (dangerously, even) but YOU according to insurance rules as they stand are 100% at fault. I am still so perplexed over this and have asked if a police charge of careless on the other driver could be shown, would the fault determination change. I was told "no". If there were a way to attach powerpoint files to posts I would post the rules here as I have them on study sheets to memorize as they, imo, make NO SENSE whatsoever that I have to resort to full-on memorization to remember them.
Rates will not be affected if you are hit from behind as well, which is 0% responsibility according to insurance accident rules.
I'm just completing a FSCO course right now, and some of the fault rules are infuriating, including this one, because even if idiot driver #1 pulls in front of you in some road rage battle and slams on his breaks and you hit him, he was the one who drove carelessly (dangerously, even) but YOU according to insurance rules as they stand are 100% at fault. I am still so perplexed over this and have asked if a police charge of careless on the other driver could be shown, would the fault determination change. I was told "no".
If there were a way to attach powerpoint files to posts I would post the rules here as I have them on study sheets to memorize as they, imo, make NO SENSE whatsoever that I have to resort to full-on memorization to remember them.
your course agrees then. My wife has been doing that for 20 years. You could ask and I might tell you a lot of answers. Cheers Viper1
Marquisse wrote:
Rates will not be affected if you are hit from behind as well, which is 0% responsibility according to insurance accident rules.
I'm just completing a FSCO course right now, and some of the fault rules are infuriating, including this one, because even if idiot driver #1 pulls in front of you in some road rage battle and slams on his breaks and you hit him, he was the one who drove carelessly (dangerously, even) but YOU according to insurance rules as they stand are 100% at fault. I am still so perplexed over this and have asked if a police charge of careless on the other driver could be shown, would the fault determination change. I was told "no".
If there were a way to attach powerpoint files to posts I would post the rules here as I have them on study sheets to memorize as they, imo, make NO SENSE whatsoever that I have to resort to full-on memorization to remember them.
your course agrees then.
My wife has been doing that for 20 years.
You could ask and I might tell you a lot of answers.
Cheers
Viper1
"hang onto your chair when reading my posts
use at your own risk"
Yeah, reading the Fault Determination Rules, it has a tendency to make me do this: :shock: Driver "A" could be charged with careless driving and be 0% at fault, whereas driver "B" could be an innocent victim but 100% at fault. :shock: :shock:
Marquisse wrote:
I'm just completing a FSCO course right now, and some of the fault rules are infuriating, including this one, because even if idiot driver #1 pulls in front of you in some road rage battle and slams on his breaks and you hit him, he was the one who drove carelessly (dangerously, even) but YOU according to insurance rules as they stand are 100% at fault.
Yeah, reading the Fault Determination Rules, it has a tendency to make me do this:
Driver "A" could be charged with careless driving and be 0% at fault, whereas driver "B" could be an innocent victim but 100% at fault.
Marquisse, there are a lot of sites out there that allow you to upload files for free. All you have to do is google, find one, and post the link here :wink:
Marquisse, there are a lot of sites out there that allow you to upload files for free. All you have to do is google, find one, and post the link here
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"
I have used fileqube in the past, they do not require registration for small files. http://fileqube.com/ If you are still having trouble, PM me to arrange an email so that I can upload the file for you.
I have used fileqube in the past, they do not require registration for small files.
Hi everyone. I'm asking for a friend who has a question of interpretation.
He was ticketed for using a hand-held device. He contends that he was acting within the exemption provided under Subsection 14 (1) of O. Reg. 366/09, which reads as follows (emphasis added):
Hey guys i just wanted to know what speeds you see others do on the roads on a regular basis. As we all know no body drives 100 km. It seems they only hit that speed twice once on the way up and once on the way down.
it seems the De Facto limit on the 401 is about 120-130. But lately i dont know if…
On June 10, 2017, I was pulled over by an OPP on the 403 heading WB and told I registered 136km/hr. I kept chit chat to a minimum and took my ticket and went on with my day. I later requested my disclosure and did not receive it until a week before my Oct. 27 court date, and so I had my date…
Anyone know any more information? Apparently kathleen wynne mentioned trying to introduce legislation after more than 20 years of no speed cameras. My guess is that it wont happen, since they've tried before many times to bring it back after it was abolished.
The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I posted this in the 3 Demerit Section and haven't received any
responses.
I received a failure to stop at an amber light ticket on April 17, 2009. At my First Attendance Meeting I asked to read the police officer's notes and remember thinking how ridiculous they were and the difficulty…
I was on the right side of the road going straight when a pedestrian waved down the taxi driver in the lane next to me. He pulled over to the right without any notice or signalling and hit me with the side of his car.
There were many witnesses but I immediately had a concussion and did not think of…
My mother was driving EB on a 4 lane street (2 lanes EB, 2 lanes WB).
She was in the left hand lane and started a left hand turn so as to enter a side street, crossing WB traffic. There was NO intersection. She hit a cyclist who was heading WB. Police where called but none showed up. My…
If the speed limit is 50, and you do 100+, not only do you get 6 points. Your car gets impounded for a week, and your license suspended for 7 days, along with a hefty fine of at least $2000. The penalty is actually the same as for racing. The law came in effect on October 1, 2007. Remember -…
I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural…