Automotive

Ticket: Fail to remain at scene

  • Last Updated:
  • Oct 6th, 2009 11:41 am
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Member
Apr 2, 2007
331 posts
23 upvotes

Ticket: Fail to remain at scene

I got in an accident today when my car slipped and I hit the ramp fence on a 401 off ramp.

There was NO other car/person involved except myself. However, a tow truck saw me at the scene and wanted me to tow my car. I refused since my car was still operational. I drove off, but he followed. The police later showed up and gave me a ticket saying that I failed to remain at the scene of the accident.

Obviously I'm going to court, but is this a valid ticket? Who can I speak to about this? Where can I get more info?

Any advice would be apprciated
45 replies
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Dec 3, 2007
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GT-eh
Lol, you made it sound like nothing had happened. What car model were you driving?
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Jun 8, 2005
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How bad was the damage? Was the guard rail damaged?

Just one more reason to think towtruck drivers are scum

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:) it took me 45 minutes to make this signature :(
[OP]
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Apr 2, 2007
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There was NO damage except to my car.

The fence was concrete. There was zero damage to it. There were no cars in front/behind me during the accident.

My car slipped, the tail hit the fence and I swerved to stop sideways in the lane.

I was driving a Toyota Corolla.
[OP]
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Apr 2, 2007
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There are dents on the car body, but all the lights were working. I can safely say that no internal components were damaged.
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Nov 18, 2007
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Valleywood
Anonymouse wrote:
Sep 28th, 2009 8:42 pm
I'm pretty sure your only obligation is to report to a collision centre if the damage was greater than $XX, unless there was injury or someone else was involved.
Any damage to public property has to be reported. The dollar threshold does not apply.

Now in this case, the concrete fence (also known as a wall - ;) ) would come out pretty much unscathed.
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Sep 5, 2004
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Offences of failing to report and remain at the scene of a motor vehicle accident are committed when a driver, who is directly or indirectly involved in an accident, fails to report the accident to the police, or fails to remain at, or immediately return to the scene of the accident.

The law requires that you report accidents that involve injuries or more than $1000 in property damage. You should be careful about estimating what $1000 of property damage is, because people tend to underestimate the extent of the damage. You are obligated to report an accident whether you are directly or indirectly involved in it.

The penalty for failing to do so is usually a fine ranging between $90 and $500, plus three demerit points on your record. The law also requires that you remain at the scene of the accident, or that you immediately return to the scene of the accident. If you are involved in a motor vehicle accident, you are legally obliged to give your name, address and phone number as well as insurance information to people who ask for it.

It is a serious offence under the Criminal Code to leave the scene of an accident. Penalties for failing to remain at the scene include fines ranging between $200 and $2000, seven demerit points, a maximum of six months in jail and a suspended licence for up to two years.
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Jul 21, 2004
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Yeah the tow truck driver turned you in cuz you refused his tow. He probably made it sound a lot worse than it actually was. Go to courthouse and tell them what happened and I think they will be reasonable.
corrupt123 wrote:
Sep 28th, 2009 8:25 pm
How bad was the damage? Was the guard rail damaged?

Just one more reason to think towtruck drivers are scum
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Thornhill
User Name wrote:
Sep 28th, 2009 9:26 pm
Yeah the tow truck driver turned you in cuz you refused his tow. He probably made it sound a lot worse than it actually was. Go to courthouse and tell them what happened and I think they will be reasonable.
That's it. Just be respectful, get a quote to demonstrate the minimum amount of damage, and relax.
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Apr 2, 2007
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sixer wrote:
Sep 28th, 2009 9:05 pm
Offences of failing to report and remain at the scene of a motor vehicle accident are committed when a driver, who is directly or indirectly involved in an accident, fails to report the accident to the police, or fails to remain at, or immediately return to the scene of the accident.

The law requires that you report accidents that involve injuries or more than $1000 in property damage. You should be careful about estimating what $1000 of property damage is, because people tend to underestimate the extent of the damage. You are obligated to report an accident whether you are directly or indirectly involved in it.

The penalty for failing to do so is usually a fine ranging between $90 and $500, plus three demerit points on your record. The law also requires that you remain at the scene of the accident, or that you immediately return to the scene of the accident. If you are involved in a motor vehicle accident, you are legally obliged to give your name, address and phone number as well as insurance information to people who ask for it.

It is a serious offence under the Criminal Code to leave the scene of an accident. Penalties for failing to remain at the scene include fines ranging between $200 and $2000, seven demerit points, a maximum of six months in jail and a suspended licence for up to two years.

Where did you find this info?
Thx
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Apr 2, 2007
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mkerian wrote:
Sep 28th, 2009 9:36 pm
That's it. Just be respectful, get a quote to demonstrate the minimum amount of damage, and relax.
Thanks...
I was pretty pissed off... bad enough I had an accident and this a**hole tow truck shows up.
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Jul 19, 2006
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My defense would be..."I am on my way to the collision centre to report the accident!"

That ticket should get thrown out...but they might slap you with another ticket...something like "careless driving" or something similar...
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Sep 12, 2006
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virgoan wrote:
Sep 28th, 2009 11:05 pm
My defense would be..."I am on my way to the collision centre to report the accident!"
Exactly. The car was still fully operational as you say, all signals/brake lights were working, so it's logical. I'd hope they would be reasonable.
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BC
User Name wrote:
Sep 28th, 2009 9:26 pm
Yeah the tow truck driver turned you in cuz you refused his tow. He probably made it sound a lot worse than it actually was. Go to courthouse and tell them what happened and I think they will be reasonable.
Agreed that tow truck drivers do not like to miss out on a piece of business, especially if it appears to come to them on a plate.

However, it could also be argued that he was exercising the responsibilities implied in his business licence, and acting in the public good.

Any able-bodied citizen is required by law to render assistance when needed at an accident site.

It sounds as though he did not witness the actual impact with the concrete barrier, just the car at a right angle across the lane afterwards.

It would be quite reasonable for him to believe that the Corolla had suffered some sort of damage, even though it was still drivable.
Possibilities would include:
- bent suspension components
- bent steel rim or cracked alloy, together with damaged sidewall of tire
- fractured gas tank
- damaged brake lines

He could also be excused from asking, "why did the vehicle lose control in the first place?"

Probably excessive speed for the conditions, but maybe the tires were bald, a steering component failed, or the driver was impaired.

Not true in the present case, but wouldn't he be derelict in his duties if he didn't report it?

At least the OP should be thankful that there was no closely following traffic as then it could have been much worse.
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macnut wrote:
Sep 28th, 2009 11:38 pm
Agreed that tow truck drivers do not like to miss out on a piece of business, especially if it appears to come to them on a plate.

However, it could also be argued that he was exercising the responsibilities implied in his business licence, and acting in the public good.
While this is quite a possibility, the fact that I have in very many cases seen tow truck drivers do illegal things (and not just illegal, but DANGEROUS to other people around them) such as parking on highways, reversing on highways, speeding on residential streets, and mounting sidewalks to speed down streets where there are speed-bumps, leads me to believe their interest in public safety is minimal.

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:) :( :) :( :) :) :( :) :( :) :) :( :) :( :) :) :( :) :( :) :) :( :) :( :) :) :( :) :( :) :) :( :) :( :) :) :( :) :( :) :) :( :) :( :) :) :( :) :( :) :) :( :) :( :)
:) it took me 45 minutes to make this signature :(
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