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Ontario Highway Traffic Act

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tailgate
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PostPosted: Sun Feb 26, 2012 7:51 am 
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Not sure if I am posting in the right place. Is this for the defending of tickets only ?

I was rear ended 16 hours ago and it was immediately reported to Police.

Due the the minimal damage, it was suggested that my insurance deductible would be more expensive than buffing the damage.

The officer said he would be giving the other driver a ticket, but, I did not see that exchange happen. How do I ensure that there in fact was a ticket given to the person who hit me ?

The officer did provide me with an incident number. Should I have obtained a copy of my statement or the other drivers statement ?

I do not remember being asked to sign a statement and am fairly certain I did not sign or date anything. I do know I was asked if I could read the statement the officer took from me, and I did, but I do not believe I was requested a signature.

Should I go directly to the police station and ask for confirmation that a ticket has in fact been issued ? The Courthouse ? Contact the MTO directly ? There was little damage to the vehicles, but I still have a head ache from hitting the back of my head on the seat, is that something my insurance company should be made aware of ?


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Re: tailgate
PostPosted: Sun Feb 26, 2012 8:26 am 
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Location: In YOUR rearview mirror!
lil4cyl wrote:
The officer did provide me with an incident number. Should I have obtained a copy of my statement or the other drivers statement ?

The incident # is all that would be provided at a scene. If a Traffic Report (collision report) was done at scene, you still would only have the basics (location, driver, vehicle info) and no statements.

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Should I go directly to the police station and ask for confirmation that a ticket has in fact been issued ? The Courthouse ? Contact the MTO directly ? There was little damage to the vehicles, but I still have a head ache from hitting the back of my head on the seat, is that something my insurance company should be made aware of ?

Contact the investigating officer for the answer about the ticket.
You should have reported your injury at the time and went for medical assessment. If no assessment I would go now, at least there will be some kind of record for later of treatment. Head injuries are huge, just look at Sidney Crosby recovery attempts.

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Re: tailgate
PostPosted: Sun Feb 26, 2012 11:14 am 
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Fault in a motor vehicle collision is determined by the Fault Determination Rules. (Regulation 668 under the Ontario Insurance Act) Whether a ticket is issued does not generally factor into that determination. If you were rear ended , the driver of the other mv is 100% at fault. Let your insurance company do the work for you.They will generally get a copy of the report from police (and pay for it) If copies of statements are required they will also have to pay for them.


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Re: tailgate
PostPosted: Tue Feb 28, 2012 2:40 pm 
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Thank you hwybear and Decatur for your responses.

I did what each of you had suggested.

At the scene, I was , how do I put it?, kind of advised? or persuaded? to not bother calling my insurance company because of the minor damage to my vehicle and ,,,cautioned?,,, that my deductible would be more costly than just having it buffed out. My car is 6 years old, ( still nearly brand new though and exceptionally maintained ), so I figured the advice was likely true and the person suggesting it was likely knowledgeable in such things. I was not provided the basics, ( location, driver, vehicle info ). I know where I was.

I booked a doctors appointment a week away, just to make sure, but by mid evening my headache, neck and even shoulders were hurting enough that I was feeling physically sick from it. My spouse refused to let me just go ``sleep it off`` , and away we went on a wee trip.

Although there is a constant headache, I was not sent for any scans.

X-rays didn`t show fractures.
One showed ``lack of lordosis``. <insert look of complete puzzlement here>.
Further explained that my neck is too straight and doing the exact opposite of what it should , <add more confusion, I thought a straight, good posture was important>.
Advised that the x-ray would be reviewed again the following day and to keep my previously booked appointment for a follow up and the hospital will forward the information to my physician.

I was given an injection of toradol (sp ?) and a foam-ish collar thing.
Released with script and diagnosis of cranial strain post mvc. *the injection didn`t do a darn thing for me, not entirely sure what it was supposed to do anyway*

Police report not handed in yet.

Ins co notified of accident.


I think ..maybe.. I have done what I needed to do ?
Again, thank you for your earlier advice, (especially the Crosby comment - made very real concerns of something that initially seemed a ``pain in the neck`` annoyance )


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Re: tailgate
PostPosted: Tue Feb 28, 2012 3:07 pm 
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lil4cyl wrote:

Further explained that my neck is too straight and doing the exact opposite of what it should , <add more confusion, I thought a straight, good posture was important>.



Your neck and spine should have some natural curvature.... that might be what they are talking about.

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Re: tailgate
PostPosted: Wed Feb 29, 2012 10:20 pm 
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the person who hit me was not given a ticket for careless or even following too close. hopefully there was a report filed at least that insurance can obtain.


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Finding out a court date
PostPosted: Sun Mar 04, 2012 3:32 pm 
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Is it possible to find out the date a person intends to fight a ``careless driving`` ticket and to ensure the ticketing officer is in attendance ?


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Re: tailgate
PostPosted: Mon Mar 05, 2012 4:22 pm 
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Admins, Sorry about making 2 different posts on the board, thanks for moving the last one instead of deleting.

I realise I am on the other end of the spectrum in this Forum, however I do appreciate the ease and ability of searching that this site provides, as well as any assistance in advice I have received. Thank You.

I was able to obtain the answers through Provincial Offences Office.


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