Frequently Asked Questions - Motor Vehicle Accidents

Careless Driving - Turning Violations - Lane Changes

Q. If I'm at fault in the accident am I guilty of the traffic ticket? Answer >

Q. Does a traffic ticket affect my insurance rates when an accident is involved? Answer >

Q. Can I get a second legal opinion about my accident? Answer >

Q. Is the police officer's opinion final in a motor vehicle accident investigation? Answer >

Q. What happens at court for accident cases? Answer >

Q. I told the officer what happened, will they use this statement against me? Answer >

Q. Why didn't the police officer listen to my side of the story? Answer >

Q. If I'm found not guilty of the charge, will this help my insurance? Answer >

Q.If I'm at fault in the accident am I guilty of the traffic ticket?

A. No, the traffic ticket is only the officer's opinion as to who the officer believes is at fault in the accident. The police officer comes to the accident, speaks to the people involved, looks at the physical evidence and then makes a decision who is at fault in the accident.

If the officer believes someone made a mistake or committed an offence under the Highway Traffic Act of Ontario, the officer is obligated to give a traffic ticket to the person they believe is at fault in the accident. The police officer's job is to present the facts, issues and physical evidence of the accident to the court. After hearing all the evidence its then up to the Justice of the Peace to say if the driver committed an offence.

Q.Does a traffic ticket affect my insurance rates when an accident is involved?

A. Yes, An insurance company always looks at what is their risk of having to pay a claim, having to pay to fix a car or pay for an in juried person. When you renew your insurance policy the insurance company will penalize the driver for being in a “at fault” in traffic accident.

If there is a traffic ticket as well as an "at fault accident" the insurance company will put two strikes on the driving and insurance record.

If you win your traffic ticket trial in court the insurance company will then only have one strike against you. Please see an example of this in our testimonials section.

If at court the Justice of the Peace decides that you were not at fault in the accident, and makes ruling in your favor you can order a transcript, present it to the insurance company and ask have them remove the accident and the "at fault" determination from your insurance policy.

Q.Can I get a second opinion about my accident?

A. To get another opinion about your accident ticket, you need to speak to someone who has experience in accident investigation. OTT Legal Services has former officers from the Ontario Provincial Police and the Toronto Police Service. These former officers have years of accident investigation, have training and experience in fighting traffic tickets from motor vehicle accidents.

Our officers welcome the opportunity to speak with you, to discuss your case and give you a second and educated opinion about your accident.

Q. Is the officer's opinion final in a car accident investigation?

A. Only if you pay the ticket. If you pay the ticket you're admitting that you are at fault in the accident and that you accept the fault determination of the officer.

If you fight the ticket the Justice of the Peace in Provincial Offences court makes the final decision as to the guilt and/or fault in a traffic accident.

As well the Justice of the Peace will look at not only what happened in the accident, but are there any legal issues that will result in your traffic ticket being dismissed in court, of which there are many.

Q.What happens at court for accident cases?

A. The Ontario court system has a trial for your ticket. The witnesses or other drivers have to come to court to give their evidence, the officer comes and gives the court the statements of the drivers, road conditions, and evidence that they observed when they attended at the scene.

The Justice of the Peace hears the evidence presented, and any legal arguments from the defense and prosecution.

After hearing all the evidence the Justice of the Peace makes a decision as to the guilt or innocence of the driver. If you don't have any legal training, you put yourself at a distinct disadvantage representing yourself against a trained police officer and the court appointed provincial prosecutor. People with years of legal training, and trial experience.

Q. I told the officer what happened, will they use this against me?

A. Yes, at court the prosecution will try to use any statement that you gave to the police in evidence to the Justice of the Peace. The police and prosecution will try to use the statement as evidence to prove the case against the driver. If you are properly represented by someone who has legal training and experience in court the statement may be kept out of the court helping to win your case.

Q.Why didn't the officer listen to my side of the story?

A. The police officer may have felt it not necessary to do so, or have missed doing this. Many police officers have little accident investigation training or experience. The officer may not know how to properly investigate a car accident.

Usually this is a positive factor for your defense and subsequently the prosecutor will not be able to use a statement against you in court. If the officer was lax in this part of the investigation, there might be other issues that come to light when your case is review and investigated by a qualified legal representative.

Q.If I'm found not guilty, will this help my insurance?

A. Yes, If your found not guilty at court the traffic ticket can affect your insurance. If at court the Justice of the Peace rules that you were not at fault in the accident, you can order a transcript of the court hearing, present it to your insurance company and ask them remove the “at fault” accident from your record.

For any other questions you may have about a traffic ticket, motor vehicle accident or speeding tickets please call us for a free consultation.

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