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Old 12-Feb-2010, 04:42 PM
  #21  
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Originally Posted by subsonic-civic
This is nothing new. It's a part of a cop's job description, to attend court. What i've heard, is that the first time they sched u in, they would make more of an effort to group one cop's court dates, into one day, or half a day, or whatever. If you reschedule it, there's less chance they would be able to do it again. Like i said, this is what i've heard from a few sources. I have not personally tried this myself.
( I know all about the job description)Just tellin you that cops no longer will attend court on an off day, just trying to help ya out, just tellin you this from first hand experience. (kinda my job)

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Old 12-Feb-2010, 04:50 PM
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Originally Posted by miss_jess
you're missing the point.

I get what you are saying and you are right but only to a certain degree.

If your accident is MINOR... ya maybe you can change the mods before an adjuster comes to look at the vehicle. But what if it’s a MAJOR accident... your car is towed away, you're in the hospital and you have no way of changing those mods? Now what?

Your insurance company denies your claim and they cancel you.

So you’re stuck with no car, your accident benefits won't kick in. What if it was your fault? What if you injury the other party? What if you’re getting sued? Hopes and dreams don't pay for your bills.

Obviously I am talking worst case scenario but hell.... these are the scenarios that people need to be more aware of because they do happen and when they do, well your insurance is going to save you a lot of headaches and problems.
oh i guess i did miss the point, i didn't bother reading all the posts. i know if i get in an accident, im just going to junk my car and buy a new one, or not place an insurance claim for them to pay for it. plus i only have the minimum requirements for insurance so its not like i'd be missing much. and i dont expect to be hitting anybody because im not the kind of dumbass who runs lights, etc etc, i use my brain when i drive. i guess i dont really think much about the worse case scenario considering i only drive to school and work and my city isnt busy where i live. all i know is bel air told me they dont even look under the hood if they were to come inspect my car after an accident; they just replace the motor and all with stock parts, and everything else for that matter, and im satisfied with that if i even decided to keep the car after an accident..
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Old 12-Feb-2010, 04:54 PM
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Originally Posted by JDMej1
oh i guess i did miss the point, i didn't bother reading all the posts. i know if i get in an accident, im just going to junk my car and buy a new one, or not place an insurance claim for them to pay for it. plus i only have the minimum requirements for insurance so its not like i'd be missing much. and i dont expect to be hitting anybody because im not the kind of dumbass who runs lights, etc etc, i use my brain when i drive. i guess i dont really think much about the worse case scenario considering i only drive to school and work and my city isnt busy where i live. all i know is bel air told me they dont even look under the hood if they were to come inspect my car after an accident; they just replace the motor and all with stock parts, and everything else for that matter, and im satisfied with that if i even decided to keep the car after an accident..
pretty sure most accidents happen within 5 km or 5 mins from your home... dont remember the saying exactly

but I'm just saying

its good to see you drive carefully, but an accident isn't necessary always 50/50 fault... you can't prevent someone from rearending you because they weren't paying attention

well if bel air told you what they did then thats good... however with a statement like that I would get something in writting... you know 'just incase'
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Old 12-Feb-2010, 05:00 PM
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Originally Posted by miss_jess
pretty sure most accidents happen within 5 km or 5 mins from your home... dont remember the saying exactly

but I'm just saying

its good to see you drive carefully, but an accident isn't necessary always 50/50 fault... you can't prevent someone from rearending you because they weren't paying attention

well if bel air told you what they did then thats good... however with a statement like that I would get something in writting... you know 'just incase'
^ ya that......
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Old 12-Feb-2010, 05:00 PM
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Originally Posted by miss_jess
pretty sure most accidents happen within 5 km or 5 mins from your home... dont remember the saying exactly

but I'm just saying

its good to see you drive carefully, but an accident isn't necessary always 50/50 fault... you can't prevent someone from rearending you because they weren't paying attention

well if bel air told you what they did then thats good... however with a statement like that I would get something in writting... you know 'just incase'
yeah i guess i should get it in writing if someone rear ended me, id just tell them to not bother going through insurance (to compensate me) and just give me some cash instead.. provided they were cool with that, if not id just tell them to not worry about it, and find my own parts because my deductible is $1000, so for under that i could just repair it myself considering im a mechanic (well apprentice at the moment )
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Old 12-Feb-2010, 05:04 PM
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Originally Posted by Kaussy
( I know all about the job description)Just tellin you that cops no longer will attend court on an off day, just trying to help ya out, just tellin you this from first hand experience. (kinda my job)
lol.. okok.. so is it true that if u reschedule a date, they're less likely to be scheduled as well then??
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Old 12-Feb-2010, 05:04 PM
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Originally Posted by JDMej1
yeah i guess i should get it in writing if someone rear ended me, id just tell them to not bother going through insurance (to compensate me) and just give me some cash instead.. provided they were cool with that, if not id just tell them to not worry about it, and find my own parts because my deductible is $1000, so for under that i could just repair it myself considering im a mechanic (well apprentice at the moment )
^ and would you report the accident? Cause if you didnt and the other person goes behind your back and reports it u will be charged with failure to report an accident? you have 24 hrs to report an accident.
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Old 12-Feb-2010, 05:19 PM
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Originally Posted by Kaussy
^ and would you report the accident? Cause if you didnt and the other person goes behind your back and reports it u will be charged with failure to report an accident? you have 24 hrs to report an accident.
depends how bad it is, if its just a cracked bumper, no i wouldnt. even if it was bigger and the person agreed to not go through insurance or report, i would trust them and not report it... unless you can report an accident and say neither people involved are going to file claims?
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Old 12-Feb-2010, 05:27 PM
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Originally Posted by JDMej1
depends how bad it is, if its just a cracked bumper, no i wouldnt. even if it was bigger and the person agreed to not go through insurance or report, i would trust them and not report it... unless you can report an accident and say neither people involved are going to file claims?
All I'm saying is you have 24 hours to report an accident, that goes for either party involved, so if you don't and the other party told u they wont report it and then they do and you don't report it, then you're on the hook. An unreported accident is still an unreported accident, thats why we have collision reporting centres.
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Old 12-Feb-2010, 05:29 PM
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Originally Posted by Kaussy
All I'm saying is you have 24 hours to report an accident, that goes for either party involved, so if you don't and the other party told u they wont report it and then they do and you don't report it, then you're on the hook. An unreported accident is still an unreported accident, thats why we have collision reporting centres.
ohh okay, i'd report it but go no further..
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Old 12-Feb-2010, 05:31 PM
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Originally Posted by JDMej1
ohh okay, i'd report it but go no further..
Thats fine, as long as its reported. Better to be safe than sorry.
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Old 12-Feb-2010, 05:38 PM
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Originally Posted by Kaussy
Thats fine, as long as its reported. Better to be safe than sorry.
thanks for the heads up!
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Old 12-Feb-2010, 05:41 PM
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No worries bud,
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Old 12-Feb-2010, 06:04 PM
  #34  
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I'm with state farm, and me broker is going to know everything that is done to my car, but it will only go up like $20 a month because i've been with him for 8 years now, and he will insure modded cars, as he's a big time car guy.

That whole thing about being with them for a few years and they will be a little bit more far if you do mods on your car is bull ****. A good friend of mine was with the same company for 13 years, and his civic was modded. He got hit in the rear of his car, and when the insurance company to look at the damage, they saw the work that he did, and they dropped him right there on the spot, because he never told them about the mods, so being with them for years has nothing to do it.
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Old 17-Feb-2010, 10:40 PM
  #35  
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Originally Posted by miss_jess
yaaa thats what I'm nervous about... people keep saying that I may get charged with more since I am fighting a ticket that has been reduced, eventhough no where on the ticket does it say its a reduced fine. But how can they change a ticket after its been issued and change the offence? I dunno if they can do that? And if they can... well shame on them lol
Because you were charged with the HTA offence of speeding. If you look at the HTA, there is only one charge for simple speeding whether you be doing 1 over the limit or 49 over. The actual degree of speeding is pertinent only in setting a penalty AFTER you have been convicted of speeding.

The ticket you received is an offence notice. It is not considered to be evidence and the lack of an "R" in the lower corner is irrelevant to any subsequent court dealings with that offence. The speed and set fine on the ticket is only there to establish an out of court settlement amount.

If you go to trial, that set fine goes out the window and all of the cop's evidence can be brought into play.

The cop's notebook WILL have your original prediscounted speed recorded in it. It will note that the incident occurred in a school zone. It will note anything else pertinent to the traffic stop.

The Crown may amend the charge back up to the original prediscounted speed at the start of your trial.

If the cop's evidence indicates that you were going 25 km over the limit, you can be convicted and given the penalty for going 25 over even though the offence notice showed a lesser speed. A JP can do this even if the Crown did not explicitly request the charge to be amended up.

The Ontario Court of Appeal recently confirmed that this is perfectly acceptable practice and fully in keeping with one's Charter rights. CanLII - 2009 ONCA 643 (CanLII)
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Old 17-Feb-2010, 10:43 PM
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Originally Posted by Kaussy
( I know all about the job description)Just tellin you that cops no longer will attend court on an off day, just trying to help ya out, just tellin you this from first hand experience. (kinda my job)
Well, you're wrong there. If necessary, a cop can be called in on their off-time. The courts and police services are trying to minimize that happening because of the heavy overtime costs that must be paid to a cop coming in on their own time, but there is no prohibition on cops doing so id scheduling issues require it.
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Old 17-Feb-2010, 10:49 PM
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Originally Posted by JDMej1
yeah i guess i should get it in writing if someone rear ended me, id just tell them to not bother going through insurance (to compensate me) and just give me some cash instead.. provided they were cool with that, if not id just tell them to not worry about it, and find my own parts because my deductible is $1000, so for under that i could just repair it myself considering im a mechanic (well apprentice at the moment )
That's a bad choice. You clearly have no clue about how insurance works in Ontario. Come on people - educate yourself. It's simple enough these days.

If someone rear-ends YOU, you are deemed to be 0% at fault according to Ontario law. You can go through your insurance company for repairs, and this applies even if you do not have collision insurance on your car.

Because you are deemed 0% at fault, you will not have to pay any deductible at all and your insurance rates and insurability will not be affected. You can get your car fixed properly and without having to argue with the other party over the cost of repairs. You also protect yourself about the other party reneging on you later.

Last edited by FiveO; 17-Feb-2010 at 11:07 PM.
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Old 17-Feb-2010, 10:51 PM
  #38  
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Originally Posted by JDMej1
ohh okay, i'd report it but go no further..
Why not? This is ignorance speaking.

There are zero adverse repercussions for the driver in front reporting a rear-end collision to either the cops or their insurance company.
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Old 18-Feb-2010, 09:35 AM
  #39  
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Originally Posted by FiveO
That's a bad choice. You clearly have no clue about how insurance works in Ontario. Come on people - educate yourself. It's simple enough these days.

If someone rear-ends YOU, you are deemed to be 0% at fault according to Ontario law. You can go through your insurance company for repairs, and this applies even if you do not have collision insurance on your car.

Because you are deemed 0% at fault, you will not have to pay any deductible at all and your insurance rates and insurability will not be affected. You can get your car fixed properly and without having to argue with the other party over the cost of repairs. You also protect yourself about the other party reneging on you later.
This is not completely true. http://www.ibc.ca/en/car_insurance/d...tion-rules.pdf
This guideline show how insurance companies deem at fault when it comes to rear end collision, but i researched this and spoke to my insurance company when my brother was in this situation where he rear ended another vehicle. He was not deemed at fault because the other vehicle ahead of him was changing lanes. The guideline actually shows a diagram the only time you are not 100% at fault is if the vehicle in front is changing lanes. Usually it is deemed a 50/50 at fault.
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Old 18-Feb-2010, 09:43 AM
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Originally Posted by FiveO
Because you were charged with the HTA offence of speeding. If you look at the HTA, there is only one charge for simple speeding whether you be doing 1 over the limit or 49 over. The actual degree of speeding is pertinent only in setting a penalty AFTER you have been convicted of speeding.

The ticket you received is an offence notice. It is not considered to be evidence and the lack of an "R" in the lower corner is irrelevant to any subsequent court dealings with that offence. The speed and set fine on the ticket is only there to establish an out of court settlement amount.

If you go to trial, that set fine goes out the window and all of the cop's evidence can be brought into play.

The cop's notebook WILL have your original prediscounted speed recorded in it. It will note that the incident occurred in a school zone. It will note anything else pertinent to the traffic stop.

The Crown may amend the charge back up to the original prediscounted speed at the start of your trial.

If the cop's evidence indicates that you were going 25 km over the limit, you can be convicted and given the penalty for going 25 over even though the offence notice showed a lesser speed. A JP can do this even if the Crown did not explicitly request the charge to be amended up.

The Ontario Court of Appeal recently confirmed that this is perfectly acceptable practice and fully in keeping with one's Charter rights. CanLII - 2009 ONCA 643 (CanLII)
Thanks! ... it’s awesome having someone as knowledgeable as you on this forum!

Ok then I would like your advice... what do you honestly think I should do? Just pay the ticket? My insurance won't go up anymore if the ticket itself gets increased to a higher charge. So should I fight it for that chance of winning? Or is it not worth the trouble?

I don't really know what to do.


Originally Posted by FiveO
That's a bad choice. You clearly have no clue about how insurance works in Ontario. Come on people - educate yourself. It's simple enough these days.

If someone rear-ends YOU, you are deemed to be 0% at fault according to Ontario law. You can go through your insurance company for repairs, and this applies even if you do not have collision insurance on your car.

Because you are deemed 0% at fault, you will not have to pay any deductible at all and your insurance rates and insurability will not be affected. You can get your car fixed properly and without having to argue with the other party over the cost of repairs. You also protect yourself about the other party reneging on you later.
This is not always true... yes in most cases if you are rear-ended you are 0% at fault, However, there are those incidents where someone slams on their brakes for no apparent reason and because of that you rear-end someone, as long as there is a witness you can be deemed 0% even though you rear-ended someone
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