OHTA.ca

Hi,

I was in a very minor collision last week; fault is probably shared 50-50.

The other driver wanted to settle via insurance; which I accepted.

I was not intending to file a claim given the small amount of damage (few small scuffs) and the age of my car.

When I went to the collision reporting center, the officer on duty indicated that my license had expired approximately 7months ago.

This was obviously a shock to me. And he also indicated that i would likely receive a ticket on the spot (furtunately he let me off with a warning)

Can someone help me out here:

I have no intention of making a claim (and I'm fairly sure I can't given the circumstances) -- will this impact my rates significantly?

- Driver with 17 years experience

- Zero previous claims

- Zero demerit points

I'll give my insurance company a call but am a bit... dissapointed... with the situation I am in. Anyone with experience in this matter and can share their thougts?

I think I need to amend my question:

Will my insurance company automatically receive a copy of the police report (which states I was an unlicensed driver)?

As noted above, I am not intending on making a claim (and probably cannot anyway given my license status).

I have not received a ticket for this offense (and have since rectified the problem by renewing my license).

This seems very grey to me... not sure if anyone has an opinion or POV?

Many reporting centres are funded by insurance companies and they automatically receive a copy of the police report. Also keep in mind that if the other driver decides to go through insurance then your provider will most certainly be notified as well. In short, Id assume your insurance company will be notified of the accident. Im not sure how problematic the fact you were unlicensed will be.

Fault determination could be the big issue. You say you believe it was 50/50, but what actually happened? Fault determination rules can be found here: http://www.ibc.ca/en/car_insurance/docu ... -rules.pdf

Thanks Stanton.

- I was parked on the north side of a 4 lane street

- Was pulling out but was stopped and still in the lane; looking out to see if any traffic

- Other driver swiped against my driver's side bumper (just barely) leaving a small scuff

- Police were not called to scene (thus no police report) and no witnesses... I said they swiped me, they said I hit them

I understand that the driver pulling out of a spot is considered at fault, yet I was not out of my lane; and the damage on my vehicle is consistent when being very slightly swiped. This was all noted in my report at the collision center.

Having said all that, I am now more concerned about the fact that I was an unlicensed driver at the time of the collision.

I did not receive a ticket for having an expired license... so I'm not sure how it would be used against me, if at all?

When I spoke to my insurer, I indicated there was a minor collision, a report was filed with the police, and I would not be making a claim.

So I can presume, as Stanton indicates above, they will request a copy of the report.

Three additional thoughts came to mind:

- Is it possible (or likely) to receive a summons in lieu of a ticket for having an expired license?

- Also, I did not receive any indication of fault when completing the police report. Is it also theoretically possible to receive a ticket after the statements are 'reviewed'?

- I was called in to the reporting center (I had provided the other driver with all of my information, insurance, etc) but was just unable to make it in. Again, possible (or likely) to receive a summons in lieu of a ticket?

Or if they were going to do something with respect to issuing a ticket(s), it would have already been done there at the time (e.g., they wouldn't mull it over and send me a summons a few days, weeks, months later)?

I think I'm over-thinking this all...

redfox_80 wrote:I think I'm over-thinking this all...

Yep.

The officer could proceed by way of summons for up to six months from the offence date. This is unlikely though since he could have served you in person at the reporting centre. Also, police don't determine fault, it's determined by the following regulation: http://www.ibc.ca/en/car_insurance/docu ... -rules.pdf. If you were pulling out of a parking lot onto the roadway you'll be 100% at fault.

This could be a problem for you as it is a violation of your insurance policy, which requires you to be properly licenced and to be operating your vehicle legally. The insurance company has the option to decline to cover you if you were operating the vehicle illegally (ie while unlicenced).

This is contained in the "statutory conditions";

Authority to Drive

"4. (1) The insured shall not drive or operate or permit any other person to drive or operate the automobile unless the insured or other person is authorized by law to drive or operate it."

Thanks Mugwug.

I have no intention of filing a claim given the damage is extremely minor (just a few small scuffs on my bumper).

I'm not really sure how the situation will pan out given that I have not received a ticket.

Thanks for the info...