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Failure To Furnish Required Information Sec 199 (1) Accident
Posted: Tue Sep 15, 2009 10:25 pm
by Kaylee
Long story short I've been given a ticket for "Failure to furnish required information" under section 199 (1) and am charged $110 (related to an accident). I'm wondering 2 things: Are there demerit points associated with this and how long does this stay on my record? ( I asked the second but the officer was unsure how long it stays on record and I forgot to ask about demerits).
I did some googling but this offense did not turn up any information. I'm hoping it doesn't carry many demerits....a lot of demerits would make me consider fighting it...but fighting it will also make me lose sleep (I'm freakishly nervous so even the concept of having to go to court WILL keep me up many nights). The closest offense that came up in my searching was "failure to report an accident" and it had 3 demerits and the same fine (110$). The "failure to remain at the scene" had 7 demerits so I hope "failure to furnish" is not like that!
Also what does the option 2 mean? "Plea of Guilty - submission as to penalty" is that just you saying, "yes I'm guilty but I do not want to have the demerit points because XXX"?
Posted: Tue Sep 15, 2009 11:32 pm
by OPS Copper
google is your friend
Duty to report accident
199. (1) Every person in charge of a motor vehicle or street car who is directly or indirectly involved in an accident shall, if the accident results in personal injuries or in damage to property apparently exceeding an amount prescribed by regulation, report the accident forthwith to the nearest police officer and furnish him or her with the information concerning the accident as may be required by the officer under subsection (3). R.S.O. 1990, c. H.8, s. 199 (1); 2002, c. 17, Sched. F, Table.
the amount prescribed is accidents exceeding $1000.00 in damage.
Guilty with submission means just that plead guilty and then state why the penalty should be reduces...however jp can do nothing about the points....they can just monkey with the fine
opsc
Posted: Wed Sep 16, 2009 1:51 pm
by Radar Identified
It is three demerit points. The other issue pertains to insurance. Did you notify your insurance provider of the collision? (Doesn't matter if you submit a claim or not, still must notify your insurance company per the Insurance Act.)
Posted: Wed Sep 16, 2009 8:04 pm
by Kaylee
Well three is not to crazy, same as a speeding ticket I think.
No I haven't called insurance. The cop who took my statement said I did not have to so I was not planning on doing so...so now I'm confused, I've never actually heard of the insurance act.
Also any idea how long the points and charge stays with you?
Posted: Thu Sep 17, 2009 9:22 am
by Frozenover
Kaylee wrote: Also any idea how long the points and charge stays with you?
Point stay with you for 2 years from the date of the offense.
Posted: Thu Sep 17, 2009 11:55 am
by Squishy
You should call your insurance company. When I had my hit-and-run, reporting to the collision centre should have automatically notified the insurance company - however, the agent I spoke to two days later had no record of it. Reporting an accident is separate from making a claim on the accident - if at fault, your rates will be affected less with one accident and no claim than with one accident and one claim. Rates should not be directly affected if found not at-fault.
I've glanced through the CAIA and OHTA and can't find a requirement to report accidents to your insurer, so this is likely part of your contract.
Posted: Thu Sep 17, 2009 8:05 pm
by Kaylee
Thanks all, That clarifies things.
Squishy, I didn't know the collision centres ever reported them for you (but then again I've only had one other incident and called them immediately myself anyways). I'll see if I can dig out my contract, or call and ask tomorrow. It would be annoying to have my rates go up but not my main concern.
My main concern is the whole 'On your record' thing. I do not like the idea of having a tarnished record (but like the idea of facing court even less).