I rear ended someone, question about accident and insurance

[TeeJay]

2 - Demerits will depend on the charge and aren't that relevant to your insurer.

Demerits certainly do matter, but the charge matters more
A more serious offence (eg careless driving or stunt driving) will normally cause your rate to increase more than multiple smaller convictions (eg 3 disobey sign, which would equal same demerits as 1 careless driving)

 

[TeeJay]

But if he actually did get a careless charge it is not just a minor infraction, it is as bad as they can give without going to the criminal code. Would you still use these paralegals?

Why not? I used a random paralegal for a careless driving / at fault accident & its all gone (despite prosecution bringing 4 witnesses to court)
Most times traffic court is either negotiation or thrown out for technicality

 

[fuji]

Why not? I used a random paralegal for a careless driving / at fault accident & its all gone (despite prosecution bringing 4 witnesses to court)
Most times traffic court is either negotiation or thrown out for technicality

I have never faced a charge that serious. I would just be hesitant using a paralegal for a case I couldn't afford to lose.

For a minor moving violation all that is at stake is maybe three years of moderately higher premiums, but losing a careless case could actually take you off the road through prohibitive insurance rates.

 

[GameBoy27]

I call go fuck yourself and why would I bother making that up. FYI it was spring 2008, which I know because i was heading back from St. Thomas and it was work related. Only ever been there once.

Sorry, I misread your original post. Anyway, the law came into effect Sept. 30, 2007.

 

[TeeJay]

I have never faced a charge that serious. I would just be hesitant using a paralegal for a case I couldn't afford to lose.

For a minor moving violation all that is at stake is maybe three years of moderately higher premiums, but losing a careless case could actually take you off the road through prohibitive insurance rates.

But thats my initial point
Its traffic court, not a criminal matter
There really is no noticeable difference in quality at that level (unless you see someone who just got license I suppose)

I showed up at court and randomly walked into one of the offices for paralegals advertising outside to fight your tickets

If its a really minor matter I will fight it myself (eg a cell ticket, I went to court 4 times before they finally convicted me lol, at least I wasted tons of their time in the process I figured get my money worth)

 

[Marla]

Depending on your accident record, there is no reason why you should lose your insurance. If this is your first accident, you are allowed a grace or first accident without your rates going up. Now that they have your insurance info they will go to the accident center and it is incumbent upon you to go there too. Call your insurance company and they will give you this info as well. Your estimate for repair is accurate. It is a shame they wouldn';t deal with you directly as that is what i always do. Yes, I am guilty of hitting bumpers a lot. lol

 

[George The Curious]

It doesn't matter if they suddenly stop brake hard. You did not stop fast enough. You followed too close. Do t understand why people like to follow so close as if to push the guy in front. It's your fault for not leaving at least 3 car distance.

 

[shakenbake]

our wonderful system pretty much allows anyone to drive if they can afford insurance.

Depending of course on your previous driving record.

Don't plead guilty or pay any fines, until you get a free consultation ... ie for the same cost as a fine you can pay X-copper or Points to get the charge reduced to something "minor" rather than a "major" offense like careless.

Insurance companies care if you're convicted of a major driving offense and careless is one of them. Your rates will go up if you're convicted.

Avoid POINTTS. They are a ripoff.

 

[wilbur]

I have a car camera installed in the windshield. You can get them for $100. There are situations where, unless you have a witness, responsibility is shared between both drivers and you are both at fault: you're driving along and somebody sideswipes you into your lane. Without a car cam, it's impossible to prove it wasn't your fault.

There are also scams out there, such as a person who stops on the highway; you stop behind and they back in to you, then they accuse you of rear ending them. Then you get sued for whiplash etc. When you point at the car cam, they scamper. Then you call the police with your video.

Car Cams are very popular in Russia, because cops tend to be corrupt. Every car made and sold in China is equipped with a built-in car cam.

I got rear ended a couple of years ago, while making a turn into a driveway. Although the other driver was cooperative, looking back at the video file, it was evident as it showed the car lurching forward. Then I took it out of the car and video'd the damage and the surroundings.

 

[interactive]

I have an acquaintance who runs a similar business. He advised never to plead guilty, never. Whenever a preliminary trial date is setup, you have an opportunity to plea bargain with a crown assistant, sometimes this occurs at the beginning of your court session, other times a few months in advance. When I had an issue, I did this. I showed up, my name was called along with a dozen others. We queued up, I was offered a significant reduction in the fine, and all 6 points were dropped. Standing ahead and behind me, were two agents, they got similar deals along with their $300-$500 fee from their clients who were too afraid to do this themselves.. Pretty good gig for standing in a line.

I agree Ben - these agents simply take a deal (any deal) and claim services rendered.

 

[tribunus]

If you have a moderate degree of intelligence and can somewhat articulate your thoughts, try not to hire the Pointts & Xcoppers of the world. Read up on what part of the HTA that you're involved with and form an argument. Be confident, firm and just be smart in what facts to include & exclude.

The onus is always on the officer to prove guilt, and yes they all show up these days. Witnesses however often do not, and that's how I escaped my careless driving charge.

Anyway, anyone can plead down to a 2 or 3 demerit minor charge without a paralegal there to hold your hand. But if you think you have a decent argument, swing for the fences and try to get it dismissed.

Having said that, some paralegals are very good. Xcopper got my friend's street-racing charge dropped, and I thought he was toast based on the facts I knew.

 

[George The Curious]

There are also scams out there, such as a person who stops on the highway; you stop behind and they back in to you, then they accuse you of rear ending them. .

Why would you stop behind a car stopped on a highway? If I see a car stopped on a highway, the last thing I do is tailgate it. I'd stay far far away, go around it if I can, or stop far behind it if I have nowhere to go.

 

[George The Curious]

The problem is culture of tailgating. I see this over and over again on the road. I always see some jackass approaching fast from behind, then tailgate me as if it would psychokenetically push me faster? No way. I usually slow down further to punish such behaviour.

Even when there are other empty lanes, sometimes, fast cars would approach from behind, only to change lane just before a possible collision - even though he had plenty of time to change to other empty lane way before approaching me.

On slow going traffic (bumper to bumper), tailgating is at its finest. 96% cars would stick their head as close as possible (less than 1 inch sometimes) to the tail of the car in front. AS IF IT WOULD MAKE TRAFFIC GO FASTER. It's really an idiotic behavior. Not only does it increase likelihood of bumper to bumper collision, you also LOCK yourself in there and if car behind you hit you, you will also hit the car in front. You also have less room to change lane in emergency situations. I always leave at least 1 car length even at bumper to bumper traffic. Sometimes I get impatient guys behind honking, even at one time, coming out of car knocking on my window asking me why I am not moving. My answer: so if I move one extra foot, does it change how fast we are going?

 

[elise]

Even when there are other empty lanes, sometimes, fast cars would approach from behind, only to change lane just before a possible collision - even though he had plenty of time to change to other empty lane way before approaching me.

I think they are trying to give you a hint to "punish the behaviour".

If this bothers you, I would recommend not putt-putting along in the left lane at or below the limit and move over to the far right lane where you can go slower…

Let them go faster, they'll clear out any radar traps ahead for you...

 

[shai]

Just to note or 2 to everyone here.

Always fight a careless driving charge in relation to an accident or an incident. Unless, you were drunk at the time.

The amount of misery you will see on your premiums makes it worth the expense. In R'end situations, you can always plead down to following too close.

Second, beware of stage accident rings, especially if you are surrounded and everyone else involved is of the same ethnicity. Contact the police, the insurance bureau of canada and your insurer and make sure that you tell your insurer that you do not expect to have your record tarnished by someone's fraud. Get your phone out and start recording everything.

This is especially the case in Scarborough & Brampton, but applicable throughout the golden horseshoe, Ottawa & K/W/C

Cheers

 

[George The Curious]

I think they are trying to give you a hint to "punish the behaviour".

If this bothers you, I would recommend not putt-putting along in the left lane at or below the limit and move over to the far right lane where you can go slower…

Let them go faster, they'll clear out any radar traps ahead for you...

Put putting along what do you mean? I never go below the speed limit, yet there are always someone charging right up to my tail then suddenly change lane. I dont liike right most lane because that's where merging traffic comes. I don't think I have to be on right lane if I am travelling at speed limit or slightly above.

 

[GPIDEAL]

So if the police are not called, you don't get demerit points? But if they do, you get cited and get 6 demerit points? Wow.

Will my insurance be canceled?

I believe that you HAVE to go to the collision reporting center.

They hopefully won't charge you there as it's not too serious.

Your insurance company isn't going to pay whatever the other party dictates.

 

[GPIDEAL]

Depending on your accident record, there is no reason why you should lose your insurance. If this is your first accident, you are allowed a grace or first accident without your rates going up. Now that they have your insurance info they will go to the accident center and it is incumbent upon you to go there too. Call your insurance company and they will give you this info as well. Your estimate for repair is accurate. It is a shame they wouldn';t deal with you directly as that is what i always do. Yes, I am guilty of hitting bumpers a lot. lol

You will only be immune to a first accident IF you paid for that option (which is only a one time thing per policy).

 

[GPIDEAL]

Two problems here ....witness or not, there is never an excuse for crashing into the back of someone...unless it is one of those setups where some guy backs into you and says you hit him.
Always report it to your insurance because if they find out you hit someone and didn't report..they can put you on the black list for SUPER high insurance as being an extreme risk.

Other things.
-The cops don't always charge depending on circumstances/amount of damage/ticket quotas: but could be "Following too close", "careless", "dangerous" (which is criminal code) or a plethora of other minor HTA offences.
-Both insurances will probably go up....welcome to the Ontario "no fault" system.
-if a crash involves more than $1000 damage (what doesn't now a days) I or damage to private property or personal injury and it happens on a road, street or lane way you must report it to police by law!
-even if the foregoing isn't true it is sometimes safer to report it to police so you have an independent witness especially rear end crashes. Quite easily a 3 or 4 km/h bump turns into a "whiplash case" with undiagnosable back/neck injury, fake permanent disability and lifelong payola for many lowlife scum out there!

So is the damage threshold $1,000 to report an accident to the cops? The other criterion is if there is personal injury, regardless of the $ damage.

"..many lowlife scum"....and the ambulance chasers who represent them, hee hee.

 

[GPIDEAL]

If you have a moderate degree of intelligence and can somewhat articulate your thoughts, try not to hire the Pointts & Xcoppers of the world. Read up on what part of the HTA that you're involved with and form an argument. Be confident, firm and just be smart in what facts to include & exclude.

The onus is always on the officer to prove guilt, and yes they all show up these days. Witnesses however often do not, and that's how I escaped my careless driving charge.

Anyway, anyone can plead down to a 2 or 3 demerit minor charge without a paralegal there to hold your hand. But if you think you have a decent argument, swing for the fences and try to get it dismissed.

Having said that, some paralegals are very good. Xcopper got my friend's street-racing charge dropped, and I thought he was toast based on the facts I knew.

We never know more than paralegals, unless your fact situation is similar to a previous one that you are successful on.

The easiest defense is 'delay of trial'. But paralegals have a few other tricks up their sleeves such as 'request for disclosure'.

This is a dated site but still informative.

http://fyst.ca/