Careless Driving/ No insurance ticket- HELP! | Page 4 | GTAMotorcycle.com

Careless Driving/ No insurance ticket- HELP!

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Court case is coming up soon (which im looking to get adjourned). In the mean time, I found insurance 1400$ for the year full coverage. When the broker asked me if i had any tickets I said no as there arent any charges registered on my file yet. Is this legal to do? I would be able to ride for one more season if I do this. Also, what would happen if i make a claim if something were to happen? Would they then see the charges on my file and refuse to cover me?




All good and correct info, but doesn't help the OP, as he wasn't charged as the result of a collision. He did something, that caught the attention of an officer. He wisely, has decided not to share what he did on the forum, but rather t share it with his legal rep. Hopefully he gets good representation and is able to report back with a successful outcome, on the Careless charge. He has already admitted he is pretty pooched on the no insurance charge as he didn't a policy in effect at the time of the offence.
 
I guess the argument would be tickets vs convictions.

You have a ticket. Check the contract you are signing for insurance to see if it says charged (ticketed) vs convicted and that will determine policy resolution I'd think.
 
Court case is coming up soon (which im looking to get adjourned). In the mean time, I found insurance 1400$ for the year full coverage. When the broker asked me if i had any tickets I said no as there arent any charges registered on my file yet. Is this legal to do? I would be able to ride for one more season if I do this. Also, what would happen if i make a claim if something were to happen? Would they then see the charges on my file and refuse to cover me?

As stated below I guess it would depend upon the specific company, Read the policy, generally when a broker asks if you have any tickets, what they are actually asking is do you have any convictions. I can't see how an insurer can use a simple charge against a client, because your, (thankfully), still presumed innocent.

As for the second part of your question on denial of a claim. Again until your actually convicted they would have a VERY difficult time in mediation on that one. As i stated earlier, once a conviction is registered under the Insurance Act you are required to report that to your insurer. If you fail to do so, (which most people do), they technically could deny a claim. But again just because an adjuster denies a claim doesn't mean that is the end of the story you have mediation and courts who can over turn that decision. So as always no one here can say if a claim would be denied solely on that basis as it is truly a company by company, case by case scenario.
 
As stated below I guess it would depend upon the specific company, Read the policy, generally when a broker asks if you have any tickets, what they are actually asking is do you have any convictions. I can't see how an insurer can use a simple charge against a client, because your, (thankfully), still presumed innocent.

As for the second part of your question on denial of a claim. Again until your actually convicted they would have a VERY difficult time in mediation on that one. As i stated earlier, once a conviction is registered under the Insurance Act you are required to report that to your insurer. If you fail to do so, (which most people do), they technically could deny a claim. But again just because an adjuster denies a claim doesn't mean that is the end of the story you have mediation and courts who can over turn that decision. So as always no one here can say if a claim would be denied solely on that basis as it is truly a company by company, case by case scenario.

So if he gets insurance now with no convictions, then gets convicted and calls to inform his insurance company, does anyone know if they can immediately jack up the rates or do they have to wait for renewal?
 
So if he gets insurance now with no convictions, then gets convicted and calls to inform his insurance company, does anyone know if they can immediately jack up the rates or do they have to wait for renewal?

I'm just guessing here, but my assumption would be they would either cancel his coverage immediately (if legally possible) otherwise they'd have to honor the premium quoted for the duration of the contract?
 
The ones I've used wait for renewal.

When i got popped for speeding/HTA 172 back in my young(er) and dumb(er) days in my car, they waited until renewal time as well.
 
"Generally" they will wait for renewal, however driving with no insurance, I "believe" may fall into the category of one of the convictions that they can cancel immediately for. Plus if he is convicted of both, they are for some companies both considered MAJOR convictions so they could also use that to cancel coverage, at which point, he will go to facility only as he will have the two convictions as well as a cancellation hanging over him.
 
Once the insurance has been put in place it's a contractual agreement for the duration of the term. AFAIK the only thing that an insurance company can cancel or change a policy mid-term for is:

- Material misrepresentation - Intentionally lying about something during the application and initial rating of the policy.

- Failure to pay. Most companies allow only 2 or 3 late payments in a term before cancelling. A complete failure to pay any month = cancel though.

- Change of address to new rating zone. (This would only be a dollar amount change though, they wouldn't cancel)

- Fraudulent activities.

Tickets received (or in this case, actually registered as a conviction) during the term shouldn't effect anything AFAIK until the next renewal.
 
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They can also cancel if your circumstances also now reflect a vastly different, "risk" factor than when the policy was issued. IE a conviction for impaired, careless etc. more than one MAJOR conviction etc etc. Insurance policies unlike most contracts have more loopholes, (almost always in the insurers favor), than do most standard contracts.

But as I said earlier, most people never report their convictions and if they make a claim it is honored, AFAIK, the adjuster doesn't run your abstract before beginning the claim process. Most people just lay low, (no changes in their policies etc). But given these would be, (for some companies), both considered MAJOR convictions it would be a higher instance of a denial IF they are discovered.

Once the insurance has been put in place it's a contractual agreement for the duration of the term. AFAIK the only thing that an insurance company can cancel or change a policy mid-term for is:

- Material misrepresentation - Intentionally lying about something during the application and initial rating of the policy.

- Failure to pay. Most companies allow only 2 or 3 late payments in a term before cancelling. A complete failure to pay any month = cancel though.

- Change of address to new rating zone. (This would only be a dollar amount change though, they wouldn't cancel)

- Fraudulent activities.

Tickets received (or in this case, actually registered as a conviction) during the term shouldn't effect anything AFAIK until the next renewal.
 
thanks for the help. I was able to get my court case adjourned to a later date so that I have time to get insured. I am planning on adjourning my next court date as well. Does anyone know how many times you are able to do so (im hoping the officer doesnt show up or gets transferred or some other miracle lol)? Also, motorcycle insurance is on a one year contract right? So if i pay everything up front and state that I won't be renewing there shouldnt be any issues? I got a quote for $1400 full coverage :)





Once the insurance has been put in place it's a contractual agreement for the duration of the term. AFAIK the only thing that an insurance company can cancel or change a policy mid-term for is:

- Material misrepresentation - Intentionally lying about something during the application and initial rating of the policy.

- Failure to pay. Most companies allow only 2 or 3 late payments in a term before cancelling. A complete failure to pay any month = cancel though.

- Change of address to new rating zone. (This would only be a dollar amount change though, they wouldn't cancel)

- Fraudulent activities.

Tickets received (or in this case, actually registered as a conviction) during the term shouldn't effect anything AFAIK until the next renewal.
 
thanks so much for the help hedo!

As stated below I guess it would depend upon the specific company, Read the policy, generally when a broker asks if you have any tickets, what they are actually asking is do you have any convictions. I can't see how an insurer can use a simple charge against a client, because your, (thankfully), still presumed innocent.

As for the second part of your question on denial of a claim. Again until your actually convicted they would have a VERY difficult time in mediation on that one. As i stated earlier, once a conviction is registered under the Insurance Act you are required to report that to your insurer. If you fail to do so, (which most people do), they technically could deny a claim. But again just because an adjuster denies a claim doesn't mean that is the end of the story you have mediation and courts who can over turn that decision. So as always no one here can say if a claim would be denied solely on that basis as it is truly a company by company, case by case scenario.
 
thanks for the help. I was able to get my court case adjourned to a later date so that I have time to get insured. I am planning on adjourning my next court date as well. Does anyone know how many times you are able to do so (im hoping the officer doesnt show up or gets transferred or some other miracle lol)? Also, motorcycle insurance is on a one year contract right? So if i pay everything up front and state that I won't be renewing there shouldnt be any issues? I got a quote for $1400 full coverage :)

your representation will have a valid opinion on this, the temptation will be to delay this as long as possible
before taking the conviction, but the risk is pushing it to the point the Crown is no longer willing to deal with
you and moves for trial, don't think you want that to happen as sounds like the evidence is going to work against you,
you're going to need some good-will from the Crown to have anything like a decent outcome here
 
Is it possible to follow the crown home and then like marry his ugly daughter or is that not PC these days either?
 
thanks for the help. I was able to get my court case adjourned to a later date so that I have time to get insured. I am planning on adjourning my next court date as well. Does anyone know how many times you are able to do so (im hoping the officer doesnt show up or gets transferred or some other miracle lol)? Also, motorcycle insurance is on a one year contract right? So if i pay everything up front and state that I won't be renewing there shouldnt be any issues? I got a quote for $1400 full coverage :)

Did the JP say something to you in latin when you got your adjournment? I can't remember what the phrase is, but it roughly translates to no further delays are allowed. If that was recorded by the court, no more adjournments requested by you will be granted.
 
Thread revival;

Any updates?

And how in the hell did you manage to get full coverage for $1400 on a s1000rr when your under 25, my bs alert is ringing like crazy
 
Don't remember seeing anyone posting successful beating the charge but, it could be possible. Best seek legal advice. Hopefully the legal cost benefit from reduced fine, lessor charges and improve the outlook.

As it stands now, long lasting scars that will cost you to insure any kind of vehicle.

Best of luck to the op.

I beat the charge of NO INSURANCE.

First of all you guys must understand that its okay to LIE in court. Cops do it all the time, unbelievable how they put their hand on the bible and still lie through their teeth to make a charge stick. I will defend myself by any means possible too.


Rewind to 10 years back. I was driving my car with no insurance and never thought I would be caught. I always checked my mirrors and if I saw a cop behind me I would pull into a gas station way before he got close to me. If he was in front of me I would slow down and let him get lost. Well one day near Islington/Eglinton there was this merge triangle, all merging triangles in the city have a "YIELD" sign, only this one did not, it had a "STOP" sign. Sure enough I drove without stopping and there was a cop just waiting there, a man and a woman. He approached my car and asked me for my papers. I told him I forgot my insurance in my house. He asked me for the name of the insurance company and called them up right on the spot with a cellphone. As usual they never answered and he gave up. He took my information and told me that if was lying I would get a no insurance ticket in the mail. That's exactly what happened.

The day of trial (months later) the judge told me I was facing $6,800 in fines and to tell him what had happened that day. I told him the cop stopped me and asked me for my documents and that he didn't listened to my explanation that my insurance slip was expired but a new one was being issued but had not arrived yet in the mail. The old expired slip was on my 2nd car which I use for work and thats where the slip was. I then showed him a 2-year-old expired insurance slip and told him I have always had insurance. "The cop was too lazy to wait on the line for an agent from State Farm, I can't be punished for his laziness" I told the judge right in front of the cop.

To make a long story short, the judge gave me a $125 ticket for not having documents in the vehicle and dropped the other 2 charges, "No Insurance" and "Lying to a city officer at the MTO", which was due to the fact that I had gotten my plate sticker without proper insurance.

The sweetest thing of all if that I did not paid a red cent. A week later when I went to the court to pay the $125 they couldn't find me in the computer and told me that there was no fine to be paid under my name LOL
 
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I beat the charge of NO INSURANCE.

First of all you guys must understand that its okay to LIE in court. Cops do it all the time, unbelievable how they put their hand on the bible and still lie through their teeth to make a charge stick. I will defend myself by any means possible too.


Rewind to 10 years back. I was driving my car with no insurance and never thought I would be caught. I always checked my mirrors and if I saw a cop behind me I would pull into a gas station way before he got close to me. If he was in front of me I would slow down and let him get lost. Well one day near Islington/Eglinton there was this merge triangle, all merging triangles in the city have a "YIELD" sign, only this one did not, it had a "STOP" sign. Sure enough I drove without stopping and there was a cop just waiting there, a man and a woman. He approached my car and asked me for my papers. I told him I forgot my insurance in my house. He asked me for the name of the insurance company and called them up right on the spot with a cellphone. As usual they never answered and he gave up. He took my information and told me that if was lying I would get a no insurance ticket in the mail. That's exactly what happened.

The day of trial (months later) the judge told me I was facing $6,800 in fines and to tell him what had happened that day. I told him the cop stopped me and asked me for my documents and that he didn't listened to my explanation that my insurance slip was expired but a new one was being issued but had not arrived yet in the mail. The old expired slip was on my 2nd car which I use for work and thats where the slip was. I then showed him a 2-year-old expired insurance slip and told him I have always had insurance. "The cop was too lazy to wait on the line for an agent from State Farm, I can't be punished for his laziness" I told the judge right in front of the cop.

To make a long story short, the judge gave me a $125 ticket for not having documents in the vehicle and dropped the other 2 charges, "No Insurance" and "Lying to a city officer at the MTO", which was due to the fact that I had gotten my plate sticker without proper insurance.

The sweetest thing of all if that I did not paid a red cent. A week later when I went to the court to pay the $125 they couldn't find me in the computer and told me that there was no fine to be paid under my name LOL

Peggie, you continue to amaze me. Admitting to perjury in writing and telling others it is ok.
 
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What the hell are you talking about man? Cops and lawyers do it all the time, that's what the court system is all about, defending criminals and defending yourself. Don't give me that crap. "Miss Homolka didnt kill anyone you worship, she wasn't even in the house at the time of the murders".



I love how judges asks cops; "Officer did you calibrate your radar gun before clocking Pegassus at 100 km'h ??"

Cop; "Yes you honor, I tested it against a wall and against a truck before I clocked Mr.Pegassus".

Judge; "Guilty!!".
 
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Slow clap.

Glad you didn't actually *need* that insurance, for, you know...insurance. Good luck lying your way out of a lawsuit.
 
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