Part 3 summons under the compulsory act help!

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sosaddened
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Part 3 summons under the compulsory act help!

by: sosaddened on
Tue Oct 02, 2018 12:53 am

So what happened is I was working nights around 740am on my way home I was involved in a fender bender. I went to the cop and was informed that I had no insurance. The payment came out 3 days ago... so I thought I didn't realize that I was short a few bucks and it came back. I have had problems in the past paying shortly after being involved in an accident 2 months ago with my friend. I can't afford a lawyer so I attended a resolution meeting and my ticket was reduced to 400$ and failure to surrender because this is my first offence and it was only 3 days which I provided proof. Is this a good deal or do you think I can get it dropped completely?!


bend
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by: bend on
Tue Oct 02, 2018 12:31 pm

The difference between no insurance and failure to surrender insurance is pretty big. Minimum fine is $5,000. Your insurance surcharge will be 100% if they decide to keep you. Quite possible they tell you to go somewhere else.

Failure to surrender is the equivalent of a normal speeding ticket or rolling a stop sign.


ck811
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by: ck811 on
Wed Oct 03, 2018 4:05 am

If I understand correctly, the facts are:
- you did not pay your insurance premium on time or as scheduled
- your insurance company decided to inform the insurance bureau of such non-payment and cancel or otherwise suspend your auto insurance (this may happen automatically)
- the police officer had evidence of such cancellation/suspension
- which means that you were operating a motor vehicle not under contract of automobile insurance. [CAIA 2(1)(a)]
- you are guilty of this offence
- if you are convicted of this offence it is a minimum 5k fine - unless you can convince the court of undue hardship (Good Luck).
- such a conviction will not look good to a current or future insurer (higher premiums or refusal)
- The crown has offered you a plea bargain to CAIA 3(1)(a) Fail to surrender insurance card.
- As bend mentioned, the insurers do not consider such a conviction to be as serious as not having insurance.
- Minimum 5k fine vs. known 400 fine

Please use the information above to determine whether you are getting a good deal or not.


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