In October, I ended up hitting a pedestrian while making a left hand turn. The sun was in my eyes so THANKFULLY I was going maybe 5km/hr. She was elderly and ended up breaking her tibia. She contacted my insurance company to make a claim and to her surprise and mine, I didnt have insurance at the time. My husband and I had split up a year prior and the deal was I would continue to pay his gym membership and he would continue to pay my insurance. Well guess what? He didnt and I had no insurance at the time. I understand that a charge of no insurance is going to be laid but my question here is, is it charged under the Highway Traffic Act or is it a criminal charge. I would appreciate all information here. Thank You
Neither, actually. It is a provincial charge, under the Compulsory Automobile Insurance Act of Ontario (CAIA). Here's a link to the full text of the law:
http://www.e-laws.gov.on.ca/html/statut ... 0c25_e.htm
So same level as Highway Traffic Act, but not a criminal charge. The minimum fine is $5000, max fine $25 000 for the first offence. Sounds pretty steep, but before you get too worried about paying $5000, you should know that a Justice of the Peace can reduce the fine below the minimum in extenuating circumstances. Given the fact that you had recently separated, your ex didn't fulfill his obligations, etc., there's a good chance that $5000 would be the maximum that you'd pay. Depending on where the collision occurred, the JP might be fairly sympathetic and lower the fine. If you can show that, upon discovering that your ex wasn't paying for your insurance like he was supposed to, you immediately arranged for insurance, that will help, too. Getting the help of a paralegal might be a good idea, too. Did your insurance company ever provide you with any notice that your coverage was being terminated? Also, were you charged with any other offence as a result of the collision?
I dont when the letter was sent because my ex would have recieved it. I was also charged with Failure to stop for a pedestrian. I have paid that fine. I will definitely be seeking legal council but my problem right now is that my daughter is having a very severe surgery in the US in a week and I was very worried about a criminal charge being laid and then I wouldnt be able to cross the border. Not to mention I was worried about the police coming to my door and arresting me. I have a 3 and 5 year old, they dont need to see mom thrown in the back of a cruiser. Thank you so much for your reply, you have set my mind at ease A LOT!
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