I was hit by a van on my driver side. I was on Tecumseh Road east, Windsor, Ontario and about to turn left (on permitted left line), all of sudden van behind me tried to overtake and turn left. The van hit first driver side rear door of my van and then hit driver door of my van and dragged me about 15 feet away. after this traffic was blocked and we both moved our vans in the nearby parking lot to clear the back-up traffic. When the cops arrived, the other driver told the cops that I was making U turn and thats why he hit me. I told the officer that this is not true and I was turning left in the parking lot, when the other driver's van hit me. The cops gave us both the case numbers and advices to go collision reporting centre to record our statements. Cops said that now our insurance will decide that whose at fault. The damaged on my van (both left side doors total damaged)clearly shows that he hit me from side and dragged. the damage on his van is front right head light broken and front right side broken bumper. Any idea, what the insurance can do? We both have no witness. I was with my son in my van and the other driver was driving alone.
I was hit by a van on my driver side. I was on Tecumseh Road east, Windsor, Ontario and about to turn left (on permitted left line), all of sudden van behind me tried to overtake and turn left. The van hit first driver side rear door of my van and then hit driver door of my van and dragged me about 15 feet away. after this traffic was blocked and we both moved our vans in the nearby parking lot to clear the back-up traffic. When the cops arrived, the other driver told the cops that I was making U turn and thats why he hit me. I told the officer that this is not true and I was turning left in the parking lot, when the other driver's van hit me.
The cops gave us both the case numbers and advices to go collision reporting centre to record our statements. Cops said that now our insurance will decide that whose at fault.
The damaged on my van (both left side doors total damaged)clearly shows that he hit me from side and dragged. the damage on his van is front right head light broken and front right side broken bumper.
Any idea, what the insurance can do? We both have no witness. I was with my son in my van and the other driver was driving alone.
Were you charged with anything? If not, if you were turning left and the other driver attempted to pass you and nailed your car at an intersection, then he is 75% at fault for the collision and you are 25% at fault. This is under the Fault Determination Rules of Ontario, section 18 (5). If you were attempting to turn left into a private driveway or parking lot, then you are both 50% at fault. Here is the PDF link: http://www.ibc.ca/en/car_insurance/docu ... -rules.pdf
Were you charged with anything?
If not, if you were turning left and the other driver attempted to pass you and nailed your car at an intersection, then he is 75% at fault for the collision and you are 25% at fault. This is under the Fault Determination Rules of Ontario, section 18 (5). If you were attempting to turn left into a private driveway or parking lot, then you are both 50% at fault. Here is the PDF link:
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
So did this collision happen in a parking lot or did it happen ON Tecumseh? Big difference between the two.
So did this collision happen in a parking lot or did it happen ON Tecumseh? Big difference between the two.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
If you were turning into the medical building, the Fault Determination is 50-50.
If you were turning into the medical building, the Fault Determination is 50-50.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Can this effect my insurance policy? this could be my first 50/50 fault accident. I had accident three years ago and I was rear ended by other vehicle. that time other driver was charged with careless driving and it was his 100% fault. my insurance is 3rd party coverage and i have no collision coverage. with 50/50 fault, do I have to repair my car by myself or insurance will pay anything.? I am having severe pain and stiffness in my spine after the accident. Can I claim medical expenses from my auto insurance? since my auto policy is 3rd part coverage. I am very thankful for your king help.
Can this effect my insurance policy? this could be my first 50/50 fault accident.
I had accident three years ago and I was rear ended by other vehicle. that time other driver was charged with careless driving and it was his 100% fault.
my insurance is 3rd party coverage and i have no collision coverage. with 50/50 fault, do I have to repair my car by myself or insurance will pay anything.?
I am having severe pain and stiffness in my spine after the accident. Can I claim medical expenses from my auto insurance? since my auto policy is 3rd part coverage.
With no collision coverage, you have to repair it yourself. As for claiming medical expenses, you'll have to talk to the insurance company. Without seeing the policy and what it offers, I really can't tell you much. They should offer something, but I can't say for sure if that's the case, or what they would offer. For 3rd party coverage, unless your name is on the insurance or it is a company vehicle, the rates probably won't be affected much but you should ask the insurance company.
With no collision coverage, you have to repair it yourself. As for claiming medical expenses, you'll have to talk to the insurance company. Without seeing the policy and what it offers, I really can't tell you much. They should offer something, but I can't say for sure if that's the case, or what they would offer. For 3rd party coverage, unless your name is on the insurance or it is a company vehicle, the rates probably won't be affected much but you should ask the insurance company.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Thanks for the informative reply. The car is under my wife's name. As for insurance, my wife is the primary policy holder and I am registered as secondary driver.
Thanks for the informative reply. The car is under my wife's name. As for insurance, my wife is the primary policy holder and I am registered as secondary driver.
The rates will probably go up in that case, unfortunately. It sucks, given the move by the other motorist, however that's what the rules are. (I don't make the rules, I just shake my head at some of them.)
The rates will probably go up in that case, unfortunately. It sucks, given the move by the other motorist, however that's what the rules are. (I don't make the rules, I just shake my head at some of them.)
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
One more thing, if my wife claim medical benefits from her own auto insurance, does this will effect her policy or premium increase on the next renewal? She got severe injuries.
One more thing, if my wife claim medical benefits from her own auto insurance, does this will effect her policy or premium increase on the next renewal?
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Hi I got letter from my insurance about the 100% at fault accident. Also received copy of police report which shows that my wife was making U turn, which is not true. Police report is not true because my wife told the officers that she was turning left. She was not charged or ticketed. What can we do now? Should we go to police and complain against the officers who came after the accident? My policy renewal is after two months and I am afraid my insurance premium will jump high!!!!
Radar Identified wrote:
If you were turning into the medical building, the Fault Determination is 50-50.
Hi
I got letter from my insurance about the 100% at fault accident. Also received copy of police report which shows that my wife was making U turn, which is not true. Police report is not true because my wife told the officers that she was turning left. She was not charged or ticketed.
What can we do now? Should we go to police and complain against the officers who came after the accident?
My policy renewal is after two months and I am afraid my insurance premium will jump high!!!!
you put in your 1st post the other driver said that the vehicle was making a uturn and your vehicle turning left - contradiction of each other perception of what happened so officer probably didnt know which driver to believe, so doesnt issue a charge to either driver and then just lets the insurance company try to figure out who is at fault by the all the information provided by both drivers
bazzijee wrote:
Also received copy of police report which shows that my wife was making U turn, which is not true. Police report is not true because my wife told the officers that she was turning left. She was not charged or ticketed.
What can we do now? Should we go to police and complain against the officers who came after the accident?
you put in your 1st post the other driver said that the vehicle was making a uturn and your vehicle turning left - contradiction of each other perception of what happened
so officer probably didnt know which driver to believe, so doesnt issue a charge to either driver and then just lets the insurance company try to figure out who is at fault by the all the information provided by both drivers
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
I have a problem and not sure what the hell to do about it. Few days ago I was stopped on a street going westbound against blinding afternoon sun following the flow of traffic. I drive a taxi for living in Toronto and have ACZ driver's license. I have a perfect record both for professional as well regular demerit points. I haven't been pulled over as a matter of fact in some 15 years for…
I have recently gone to court for a speeding ticket issued by an OPP officer. As it stood, the officer forgot to sign the ticket. So at my trial, before I made a plea, I pointed this out to the justice of the peace and asked that the ticket be quashed. I was asked to produce my copy of the ticket, which I gave and the JOP then agreed with me and dismissed the case. Before he did so, the…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
So here's my situation, any advice would be appreciated.
On June 26, 2013 I received a ticket for 25 over in a 60 zone
In early October I received my notice of trial (Feb 25, 2014)
In early January I sent in my request for disclosure
In late January I received a letter to pick up my disclosure, however when I picked up my disclosure it wasn't typed (I had requested it to be) and I needed…
Is there a legal requirement to report an accident to the insurer?
Scenario
- 2 vehicle accident
- each vehicle has less than $1000 damage
- each vehicle has damage roughly equal to insurance deductible
- a police Accident Report was completed
In this scenario the drivers decided to repair their own damages. But are they legally bound to report the accident and damages to the insurer? ...and out of…
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
i got pulled over by a cop this morning in my kids's school zone for failure to stop at a stop sign. i am thinking of fighting this ticket, but i noticed that on the ticket itself it only says "disobey stop sign - fail to stop" and there is no mention of the demerit points. a co-worker mentioned to me that a ticket should state how many demerit points i am being docked. i know the Highway Traffic…
Alright, so this happened back awhile ago on June and I haven't appeared in Court. However, I would like some inputs and advice before I get into this battle.
Back in June I got a Speeding Ticket claiming I was going 100km/h on Blackcreek going south towards Lawrence. The Speed Limit there is 70km/h.
At this point of time, it was roughly traffic hour around 4-5PM. Coming off of the Highway, and…
Ive already done searches, read the act as best i can but still haven't read a complete answer. Where in the HTA does it state that the front license plate must be attached to the front bumper? I have it on the passenger sun visor (if ppl remember the old temp permits that taped to the pass side of windshield) i figured that this spot would be the same. However now they have got rid of…
My son was returning from school and was just entering the driveway when another vehicle hit the rear end. Police writes a ticket "fail to yield from private drive" 139(i). He is going to fight this ticket and made an application for disclosure. The trial is next week and he still hasn't received the disclosure.
He checked with the court last month and they said that they will call when disclosure…
i was travelling on the 401 (posted speed 100km/h) in the far left lane, when i caught up to a vehicle going ~110km/h. I patiently waited for the vehicle to move over a lane, but they did not. The vehicle behind me moved to the center lane to pass, but because he was a safe distance behind me, i moved into the middle lane ahead of him to pass the slower moving car. When I accelerated, i…
So I was returning from my honeymoon in Montreal, and was cruising down the 401 just inside the Ontario/Quebec border. I was passing one of the Onroute stations and saw an OPP cruiser. I checked my speed and I was doing 120. A few kilometers up the road the cruiser pulled me over and told me I was clocked doing 132 by the aircraft. I was a little surprised to see the ticket was for the full…
I made a right turn during prohibited hours (7am-6pm) in Toronto. I was ticketed by a COP who was specially watching for that trap.
After I've received the ticket HTA144(9), I discovered one of the seven digits of my license plate was incorrectly written on my ticket. I was thinking about to make a First Attendance at the court office to see the prosecutor for a reduced charge...any advice or…
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
I am not sure if my case is really a case of " mis-use parking permit" and need some advises on whether i should fight the ticket. Here is what happened:
During the labor day long weekend, I took my parents to diner at a local shopping mall. (my father's hip was broken in 2016 and he's been on wheelchair since, the permit is in his name and I been using the permit to help him for doctor's…
I have a court date coming up where I need to subpoena one of the officers that was present when I got my ticket. The issuing officer didn't include the fact that the second one was present at the time in his report (disclosure) but did give me the second officers name and badge number after the judge told him to do it.
What I'm looking for help with is the process of me getting to…
I got pulled over on a 4 lane section fo Highway 7... Thank god I didn't get a stay at home ticket as well or my car impounded.
Officer clocked me at 156 km/h he decided not to impound my car and give me a 149 km/h since it was my first offence and he said I was polite and respectful. I would give this officer a 5/5 review if I could, very polite and respectful.
Long story short, I was driving from Toronto to Ottawa and around Napanee with my friend in two separated cars, the officer was parked on uturn. He followed us turn his light on and got between us and pulled us over, he told me that i was running at 152 km/h without showing me his LISAR. they suspended my and my friends license and impounded the two cars for 7 days. This was a Friday in January…
I'm unsure on what to do here. I was under the impression that I could request a stay on the day of trial because disclosure was not given to me in an adequate time. I requested disclosure 2x by fax, 5 months ago.
I read on ticketcombat that I had to file a motion 15 days prior to the trial to request a stay of proceedings.
Does anyone else get blinded by fog lights on rural roads? I don't seem to have a problem with them on lighted streets, but the badly aimed fog lights or ones with a poor cutoff really get to me when driving the Escort. I just came back from a 20-minute drive, and every single pickup truck had fog lights on, and forced me to focus on the bottom right of the road. My windshield is clean and…
