OHTA.ca

Good afternoon,

I was in an accident where I was making a left turn while the flow of traffic was stopped by a red light for the opposing traffic. The offending driver was driving on the shoulder (illegally), as per Highway Traffic Act 150 (1) (a), and my Improper Left Turn ticket was withdrawn in court. The Crown Attorney completely agreed that the other driver should have been made responsible for the accident.

However, the Accident Report says I am still 100% responsible, and the Police won't amend it to reflect the withdrawal. I've been keeping in touch with them for a very long time. What grounds do I have to get the report amended?

Thank you,

Anonym

As I responded in your other post, the other drivers actions were on their face, perfectly legal. The shoulder was paved and the vehicle he was passing had signalled its intention to turn left. Perhaps it could be argued the pass wasnt done in safety since it resulted in a collision, but you had an equal onus to make sure your turn was safe.

In terms of getting accident reports amended, it rarely happens. The investigating officer would need some reason to believe the report was inaccurate. The fact that your charge was withdrawn in Court is not something that would be reflected on a report nor would it require an amendment. As long as the report accurately depicts what happened (i.e. you were turning left and collided with a vehicle passing on the right) there is nothing to amend.

Fault determination and who the police charge are two separate things. Insurance companies will use the fault determination rules, which arent always consistent with the HTA. They could find you at fault even if police had charged the other driver.