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Should driver licence number be exchanged at small accidents
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PostPosted: Sat Dec 18, 2010 2:10 pm 
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Joined: Tue Sep 14, 2010 12:44 am
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It happened two times that the other party asked my driver licence number when I was involved in a small accident, when my and an other car touched each other. There were some scars on the bumpers, but no need for the police.
We exchanged info., when the other person asked my driver licence number. I did not think that it was needed, and in one case I resisted and argued that I should show my licence only to the police, not some stranger.
In second time I showed my licence and let the other person wrote it down.

My question is, should we show the driver licence to other person when exchanging information at a small accidents?
Ervin


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Re: Should driver licence number be exchanged at small accid
PostPosted: Sun Dec 19, 2010 1:54 am 
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You have different obligations under different sections and acts. I'll give more info than you asked for in an effort to be thorough.

Under the Compulsory Automobile Insurance Act s. 4(1), you are obliged to disclose the particulars of your insurance in ANY collision that you are directly or indirectly involved in, on request of any person directly or indirectly involved in the collision.

Under s. 199 of the HTA, you are obliged to report any collision in which you are directly or indirectly involved to the police where there is over $1000 or there is any injury.

Under s. 200 of the HTA, you are obliged to give in writing to anyone sustaining loss or injury or to any police officer or to any witness his or her name, address, driver’s licence number and jurisdiction of issuance, motor vehicle liability insurance policy insurer and policy number, name and address of the registered owner of the vehicle and the vehicle permit number (plate number).

Note that s. 200 applies to ANY collision, no matter how small, but the stipulation is that it only applies to "anyone sustaining loss or injury". It is up to you to determine if the other driver meets this criteria. You must also consider the possibility that, if you believe they have not sustained loss or injury, but in fact they have, and you fail to provide the required information, you may be charged under this section. However, since this is a strict liability offence, a defence of due diligence would be available to you in court, which means you could potentially excuse yourself from liability if you can show that you (a) took all reasonable steps to ascertain whether they were injured or suffered loss, or (b) had an honest belief in a mistaken set of facts which, if true, would have rendered your actions not an offence.

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Re: Should driver licence number be exchanged at small accid
PostPosted: Sun Dec 19, 2010 1:21 pm 
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Joined: Thu Aug 27, 2009 10:06 pm
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Well if you give it to police they get it by default. We fill out a collision report from the province that has all the relevant information, including dl number . Each driver gets a copy...

OPS


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