What are the legal ramifications if I dented another person's car with my fists (not my car)? I was arrested, but *not* charged by the police. i.e. there's an arrest record on file with local police, but no ticket, no court date, etc. I checked with the police a few days after the incident, and they told me that at this point, legally, I'm in the clear. I was "released unconditionally" at the time of the incident. That is, I won't see the police again for this situation. They (the other side) is asking for $3000 to replace-and-repaint the hood; but it was a dealer-estimate; not an actual receipt for services-rendered / repair done. I checked with a couple of dent-removal specialists (with some pictures) and they all verbally quoted under-1k for the work (of course verbally, they all said it would be better if they could see the damage first-hand). It's hand-on-metal damage, so there's no paint scratches or some such. One of them even suggested they may be able to heat up the metal a bit and just pop the dent out... But they all uniformly said it wasn't a $3000 repair... I was advised not to just hand over cash / cheque, as any receipt I obtained from the other side wouldn't be legally binding, and they could come back and claim I didn't pay them (i.e. end up paying twice). This part makes sense. I understand that the other party can take me to small claims court for the damages, if so desired (it's a really shallow dent caused by one fist). Is this their only legal option if I refuse to agree to their terms to "hand over the cash"?
What are the legal ramifications if I dented another person's car with my fists (not my car)?
I was arrested, but *not* charged by the police. i.e. there's an arrest record on file with local police, but no ticket, no court date, etc.
I checked with the police a few days after the incident, and they told me that at this point, legally, I'm in the clear. I was "released unconditionally" at the time of the incident. That is, I won't see the police again for this situation.
They (the other side) is asking for $3000 to replace-and-repaint the hood; but it was a dealer-estimate; not an actual receipt for services-rendered / repair done. I checked with a couple of dent-removal specialists (with some pictures) and they all verbally quoted under-1k for the work (of course verbally, they all said it would be better if they could see the damage first-hand). It's hand-on-metal damage, so there's no paint scratches or some such. One of them even suggested they may be able to heat up the metal a bit and just pop the dent out... But they all uniformly said it wasn't a $3000 repair...
I was advised not to just hand over cash / cheque, as any receipt I obtained from the other side wouldn't be legally binding, and they could come back and claim I didn't pay them (i.e. end up paying twice). This part makes sense.
I understand that the other party can take me to small claims court for the damages, if so desired (it's a really shallow dent caused by one fist). Is this their only legal option if I refuse to agree to their terms to "hand over the cash"?
You're talking criminal and civil issues here. It's somewhat out of the realm of the forum. As for the estimate, your thoughts and opinions are pretty common among individuals who foot the bill. That being said, they couldn't be more wrong. You don't have the luxury of picking and choosing where someone gets their vehicle repaired. If they want to go through a dealer, tough luck. They are not required to go to Johnny Dent because he quoted you $300 based on pictures. They'll just contact their insurance and be done with it. The provider will ask that a police report be filed (it was) and they'll deal with the rest. It's likely they'll look to recoup their costs with the provided information.
You're talking criminal and civil issues here. It's somewhat out of the realm of the forum.
As for the estimate, your thoughts and opinions are pretty common among individuals who foot the bill. That being said, they couldn't be more wrong. You don't have the luxury of picking and choosing where someone gets their vehicle repaired. If they want to go through a dealer, tough luck. They are not required to go to Johnny Dent because he quoted you $300 based on pictures. They'll just contact their insurance and be done with it. The provider will ask that a police report be filed (it was) and they'll deal with the rest. It's likely they'll look to recoup their costs with the provided information.
Thanks for the quick reply. Sorry for posting out-of-realm; just one of those bugging questions. I'll double-check with a lawyer :) .
bend wrote:
You're talking criminal and civil issues here. It's somewhat out of the realm of the forum.
As for the estimate, your thoughts and opinions are pretty common among individuals who foot the bill. That being said, they couldn't be more wrong. You don't have the luxury of picking and choosing where someone gets their vehicle repaired. If they want to go through a dealer, tough luck. They are not required to go to Johnny Dent because he quoted you $300 based on pictures. They'll just contact their insurance and be done with it. The provider will ask that a police report be filed (it was) and they'll deal with the rest. It's likely they'll look to recoup their costs with the provided information.
Thanks for the quick reply. Sorry for posting out-of-realm; just one of those bugging questions. I'll double-check with a lawyer .
I thought in Canada, it is the police who decide whether or not to charge someone, not private citizens. Is there a way to complain to the court to cause it to issue a summons?
OPS Copper wrote:
Plus the guys who car you hit can change his mind and still have you charged criminally. You damaged his car and that is Mischief to property.
OPS
I thought in Canada, it is the police who decide whether or not to charge someone, not private citizens. Is there a way to complain to the court to cause it to issue a summons?
I thought in Canada, it is the police who decide whether or not to charge someone, not private citizens. Is there a way to complain to the court to cause it to issue a summons? Thanks for the feedback all. It was one of those can't-sleep type of questions, so I checked with the police of the jurisdiction I'm in, and they said that they can't come back after the fact and re-arrest me for the same incident. The police officer on-scene at the time made a judgement call not to proceed with charges, so there's nothing pending. There's still a "local" arrest record in the police database that I'll have to deal with, but it's not a *criminal* record because charges were not pressed, I wasn't brought before a judge and judged "guilty". I also checked with a lawyer - worst case is that I would have to deal with a civil suit from the opposing party down the road; it would be in small-claims court. I'll deal with it at that point. Hopefully my financial situation will have improved by then.
EphOph wrote:
OPS Copper wrote:
Plus the guys who car you hit can change his mind and still have you charged criminally. You damaged his car and that is Mischief to property.
OPS
I thought in Canada, it is the police who decide whether or not to charge someone, not private citizens. Is there a way to complain to the court to cause it to issue a summons?
Thanks for the feedback all. It was one of those can't-sleep type of questions, so I checked with the police of the jurisdiction I'm in, and they said that they can't come back after the fact and re-arrest me for the same incident. The police officer on-scene at the time made a judgement call not to proceed with charges, so there's nothing pending.
There's still a "local" arrest record in the police database that I'll have to deal with, but it's not a *criminal* record because charges were not pressed, I wasn't brought before a judge and judged "guilty".
I also checked with a lawyer - worst case is that I would have to deal with a civil suit from the opposing party down the road; it would be in small-claims court. I'll deal with it at that point. Hopefully my financial situation will have improved by then.
I thought in Canada, it is the police who decide whether or not to charge someone, not private citizens. Is there a way to complain to the court to cause it to issue a summons? Yes private citizens can file charges directly with the court, they don't have to go through the police. Here is a link to the Ministry of the Attorney General's website that explains the process in more detail. https://www.attorneygeneral.jus.gov.on. ... cution.php
EphOph wrote:
OPS Copper wrote:
Plus the guys who car you hit can change his mind and still have you charged criminally. You damaged his car and that is Mischief to property.
OPS
I thought in Canada, it is the police who decide whether or not to charge someone, not private citizens. Is there a way to complain to the court to cause it to issue a summons?
Yes private citizens can file charges directly with the court, they don't have to go through the police. Here is a link to the Ministry of the Attorney General's website that explains the process in more detail. https://www.attorneygeneral.jus.gov.on. ... cution.php
Am really confused about this one, this morning i got a reduced speeding ticket (80km speed in 60 zone), and in the ticket the cop wrote 10km over the speeding limit.. and it has the 'R' code in it.. and the cop said i need to pay this and it doesn't have any points on it..
im fine with paying the ticket which is only 40 dollars but my biggest concern, will it show in my record ? or only tickets…
I got a ticket for driving with handheld device in Oct 2015 and I had requested for a trial. Yesterday I received the notice of trial (notice is dated 26-Jan-2017, court of trial is Newmarket, ON) and trial date is Mar 8, 2017. Today, I have sent in a registered request for disclosure (i.e on 29-Jan-2017).
Need some help here for the 1st time speeding ticket?
Sunday morning 12:10am when I was going home from work I was doing bit speeding on Gardiner. I was going with about 130km/h. I know its fast. I always take the same way and I know where the cops hide. They always hide entrance of the highways. If I will do speeding I always look my back and did look this time too. I took gardiner…
I just have a question in regards to the summons Under Part 1 I received for an rear end accident:
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I have searched and I know the general rule is no, barring criminal charges or tresspassing. So let me use 2 specific issues I have.
1) I have some business in some area malls after hours. Once I have pulled into the mall lot on the way to the closest door I rarely stop at stop signs unless there is a car or person nearby. (i do not carelessly speed, i do show caution, just do not fully stop) Can…
In June at 401 London and Wellington I got hit twice, speeding which I didn't realize I was doing and cell phone. The Officer made me open my purse and show him my phone. I was going to meet a Rep of my Company in Kitchener, he called I answered. WRONG! The Officer wasn't even nice. My record was clean and he slapped me twice. I sat in the car and sobbed for 20 minutes as I was scared out of…
I wanted to "reply" elsewhere...but the more appropriate areas were "locked" to replies....so, here are a couple of questions...from a newbie to this site:
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You are coming off of a highway exit and there are 3 lanes: right hand lane for right hand turn; middle lane for left AND right turn (but no straight thru since it is only a three-way intersection); and left lane for left hand turn. You are first in the middle lane, signalling to make a right.
CAN YOU make a right hand turn from the middle lane on a red if the traffic is clear?
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
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I got this ticket last year in toronto and received court date recently.
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Got my first ticket last Thursday and I have a couple of questions. I was driving westbound on Moore St. (west of Bayview) and made a left onto a residential street at a 4-way stop sign. It was my first time driving through that area - was driving my girlfriend to a wisdom tooth surgery.
The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses…
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