Hello Everyone, I was making a left turn into a mall driveway where an oncoming car T-boned my car while I was half-way into the driveway. Officer charged me with HTA 141(5) which is related to an intersection. Prosecutor agreed and the charge was dropped without any contesting on my behalf. However, now I am fighting the same thing with insurance company for no liability on my part based on the dropped ticket. I have to persuade a second judge that a mall driveway is not an intersection unless it's properly lighted or if it is a public highway. I have been checking all over highway traffic act and I can't find a definition of "intersection" under HTA 141 but I can see it under 144 and 1 which I am not sure if I can use in this case. So, in your EXPERT opinion (and to be very technical) what is an intersection? Inputs are much appreciated. Thanks, Bruce
Hello Everyone,
I was making a left turn into a mall driveway where an oncoming car T-boned my car while I was half-way into the driveway. Officer charged me with HTA 141(5) which is related to an intersection. Prosecutor agreed and the charge was dropped without any contesting on my behalf.
However, now I am fighting the same thing with insurance company for no liability on my part based on the dropped ticket.
I have to persuade a second judge that a mall driveway is not an intersection unless it's properly lighted or if it is a public highway.
I have been checking all over highway traffic act and I can't find a definition of "intersection" under HTA 141 but I can see it under 144 and 1 which I am not sure if I can use in this case.
So, in your EXPERT opinion (and to be very technical) what is an intersection?
The definition can be found in Section 1 of the HTA: Now here's the thing... I hope you're sitting down. Your insurance claim has nothing to do with the Highway Traffic Act. Fault, for the most part, has nothing to do with the HTA. Instead, it's set by the Fault Determination Rules, which uses a different set of rules and terms. So because you turned left in front of an oncoming car (if I understand the collision circumstances correctly), you'd be assessed as 100% at fault, unless the oncoming driver blew a stop sign or ran a red light. What is relevant for you is section 12 (5) of the Fault Determination Rules, which are made under the Insurance Act of Ontario: http://www.ibc.ca/en/car_insurance/docu ... -rules.pdf Sorry to be the bearer of bad news, but it appears as though your insurance company is correct. The dropped ticket will help your rates with respect to "convictions," but not liability for the collision.
The definition can be found in Section 1 of the HTA:
"intersection" means the area embraced within the prolongation or connection of the lateral curb lines or, if none, then of the lateral boundary lines of two or more highways that join one another at an angle, whether or not one highway crosses the other;
Now here's the thing... I hope you're sitting down.
Your insurance claim has nothing to do with the Highway Traffic Act. Fault, for the most part, has nothing to do with the HTA. Instead, it's set by the Fault Determination Rules, which uses a different set of rules and terms. So because you turned left in front of an oncoming car (if I understand the collision circumstances correctly), you'd be assessed as 100% at fault, unless the oncoming driver blew a stop sign or ran a red light. What is relevant for you is section 12 (5) of the Fault Determination Rules, which are made under the Insurance Act of Ontario:
(5) If automobile "B" turns left into the path of automobile "A", the driver of automobile "A" is not at fault and the driver of automobile "B" is 100 per cent at fault for the incident.
Sorry to be the bearer of bad news, but it appears as though your insurance company is correct. The dropped ticket will help your rates with respect to "convictions," but not liability for the collision.
* 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 input. And "yes" I have been told that HTA doesn't apply. However, it's known that insurance companies always find the party who got a ticket at fault. In this case they would like to defer because the ticket dropped is not in their best interest. I firmly believe that insurance act is made to not protect consumers and hence insurance companies without giving a chance to explain yourself find one party at fault and next year raise their insurance premiums and don't give a heck. Anyhow, to get back to the topic, I have seen that definition of "intersection" but if I am do dissect it, does this mean that there should be two public highways intersecting each other? is that what "at an angle" refer to? or is a mall driveway to a street an intersection? Furthermore, car A turning into path of B while B jump started his car from stop or was drunk driving doesn't constitute car A to be at fault. Hence, there are courts for it and I have just read a case where someone driving 100km/h in a 60km/h and under some intoxication was found guilty and the left turner was not. However, I do know that insurance companies for the sake of less cost always find the left turner to be at fault. A very stupid strong opinion has formed over the years on this. Yes, I would give them a point if the left turner hits the oncoming car. But if the oncoming car T-bones the left turner then he/she has been careless as well. Are there any exceptions to the Insurance Act rules that you mentioned? Thanks again for the input.
Thanks for the input. And "yes" I have been told that HTA doesn't apply. However, it's known that insurance companies always find the party who got a ticket at fault. In this case they would like to defer because the ticket dropped is not in their best interest. I firmly believe that insurance act is made to not protect consumers and hence insurance companies without giving a chance to explain yourself find one party at fault and next year raise their insurance premiums and don't give a heck.
Anyhow, to get back to the topic, I have seen that definition of "intersection" but if I am do dissect it, does this mean that there should be two public highways intersecting each other? is that what "at an angle" refer to? or is a mall driveway to a street an intersection?
Furthermore, car A turning into path of B while B jump started his car from stop or was drunk driving doesn't constitute car A to be at fault. Hence, there are courts for it and I have just read a case where someone driving 100km/h in a 60km/h and under some intoxication was found guilty and the left turner was not. However, I do know that insurance companies for the sake of less cost always find the left turner to be at fault. A very stupid strong opinion has formed over the years on this. Yes, I would give them a point if the left turner hits the oncoming car. But if the oncoming car T-bones the left turner then he/she has been careless as well.
Are there any exceptions to the Insurance Act rules that you mentioned?
Just to clarify, the URL you mentioned has sample illustrations and it states that it's only sample illustrations of the Insurance Act. I am assuming this is the actual act URL: http://www.e-laws.gov.on.ca/html/statut ... 0i08_e.htm Based on this, I can't find any section on "Improper left turn" or anything that would relate to your posted URL which shows an illustration of B going into path of A. Where is the exact wording of laws and acts on that illustration? Thanks
Just to clarify, the URL you mentioned has sample illustrations and it states that it's only sample illustrations of the Insurance Act. I am assuming this is the actual act URL:
Based on this, I can't find any section on "Improper left turn" or anything that would relate to your posted URL which shows an illustration of B going into path of A. Where is the exact wording of laws and acts on that illustration?
Hi Bruce, RI's explanation still stands, unfortunately. Fault Determination Rules have made an activist out of me, and I'm no activist. They are, IMO, utterly ridiculous. Despite that your charges were dropped because you were not liable under the HTA, under the Fault Determination Rules, you were in the way of the oncoming car, and therefore they will find you at fault for insurance purposes. It is backward, and it is wrong IMO, but those are the rules. Also, for the purposes of defining intersection, yes, you were making a left at an intersection as the Fault Determination Rules define an intersection to be. Just to drive the point home (no pun intended) about how ridiculous the rules are, a pedestrian ran into the side bumper of my car, fell off his bike, and I called the police and ambulance. He was not seriously injured because I was just 4-5 feet from the stop sign and had decelerated to about 10-15km/h to complete the stop. The marks from his bike tire are on the SIDE of my car, not the front, which means that he hit me. The police did not even charge me, and the only thing keeping them from charging him for bolting his bicycle down the sidewalk and onto the roadway (and into me) was that I could not say I actually saw him on the sidewalk prior to the collision. Nonetheless, if this cyclist decides to milk the Accident Benefits system, according to the Fault Determination Rules, I am at fault for being the only party in a vehicle. No matter what, the pedestrian (or cyclist) was not at fault for insurance purposes, even though he CLEARLY (as in, common sense) was. The only way I would not be at fault is if my car was in park, therefore not in motion. I could've even been sitting at the stop sign and if he hit me, because my car was on and in drive, I was still mobile and would still be at fault. I would like to find the dolts who created the manual for the insurance industry and systematically, one by one, shove a hardcopy of the Rules up their butts.
Hi Bruce,
RI's explanation still stands, unfortunately. Fault Determination Rules have made an activist out of me, and I'm no activist. They are, IMO, utterly ridiculous. Despite that your charges were dropped because you were not liable under the HTA, under the Fault Determination Rules, you were in the way of the oncoming car, and therefore they will find you at fault for insurance purposes. It is backward, and it is wrong IMO, but those are the rules. Also, for the purposes of defining intersection, yes, you were making a left at an intersection as the Fault Determination Rules define an intersection to be.
Just to drive the point home (no pun intended) about how ridiculous the rules are, a pedestrian ran into the side bumper of my car, fell off his bike, and I called the police and ambulance. He was not seriously injured because I was just 4-5 feet from the stop sign and had decelerated to about 10-15km/h to complete the stop. The marks from his bike tire are on the SIDE of my car, not the front, which means that he hit me. The police did not even charge me, and the only thing keeping them from charging him for bolting his bicycle down the sidewalk and onto the roadway (and into me) was that I could not say I actually saw him on the sidewalk prior to the collision.
Nonetheless, if this cyclist decides to milk the Accident Benefits system, according to the Fault Determination Rules, I am at fault for being the only party in a vehicle. No matter what, the pedestrian (or cyclist) was not at fault for insurance purposes, even though he CLEARLY (as in, common sense) was. The only way I would not be at fault is if my car was in park, therefore not in motion. I could've even been sitting at the stop sign and if he hit me, because my car was on and in drive, I was still mobile and would still be at fault.
I would like to find the dolts who created the manual for the insurance industry and systematically, one by one, shove a hardcopy of the Rules up their butts.
I agree with you. I think this is sort of things that corporates spend money for. They call no-fault and yet raise your insurance without even talking to you. No wonder they are getting fatter and fatter. I had a court date today and I tired to defend with best of my knowledge and the decision is still pending. I will post here the details if I win the case. Otherwise, take this as another victim of the Insurance Act scam. Cheers
I agree with you. I think this is sort of things that corporates spend money for. They call no-fault and yet raise your insurance without even talking to you.
No wonder they are getting fatter and fatter.
I had a court date today and I tired to defend with best of my knowledge and the decision is still pending. I will post here the details if I win the case. Otherwise, take this as another victim of the Insurance Act scam.
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…