Crash In Winter; Pay For All Damages
December 22nd, 2008The Ontario Goverment strikes again with another new law aimed at drivers. You may remember that Ontario enacted a very controversial street racing law back June of 2007 that allows Police officers to charge drivers with street racing if they exceed the speed limit by more than 50 km/h even if there are no other drivers present. This time, the Ontario Government is proposing a law that will make drivers pay for all damages if they crash in bad weather.
Commissioner Julian Fantino will propose absolute liability legislation today under the Highway Traffic Act to hold irresponsible drivers accountable. This essentially means making drivers pay for accidents in which they were driving aggressively in poor weather, not insurance companies
While I do agree that drivers that are driving far too fast for the conditions should be on the hook, I question how effectively this new proposal would be enforced. Would drivers be given the benefit of doubt or would they be assumed guilty with no appeal like the existing street racing law? Does the responding officer make the call or is it up the insurance companies? Does it matter?
Source: Canadian Press
Loading ...
How are they going to determine what will be considered “Aggressive Driving”? Everything is relative when it comes to winter driving. We have a thread being added to daily that shows how many different points of view there is to what is considered “dangerous” driving during the winter. So far you have to take in consideration what the speed limit is, what tires you have, what drivetrain you have, how much your car weighs, how well you vehicle is maintained. On top of that, you have to worry about the same things about the guy beside you on the road. Who is going to decide what the “control” is to measure the scenario from?
I fail to see the point of making this legislation. The driver at fault ends up paying for it anyway with increased rates or even possible cancelation of their policy. Why does there have to be a law about it?
This is a great example of the Government getting too involved.
Frankly, the last time I had an accident, insurance went out of their way to pin as much fault on me as possible despite the sheer stupidity of what they were assuming happened. They fought and fought to find a way to raise my rates, and did so. This kind of legislation would be making a lot of people pay, if you ask me.
I agree with Tomaz, Typical government action. We better get reduced rates if this comes to Alberta!
“I fail to see the point of making this legislation. The driver at fault ends up paying for it anyway with increased rates or even possible cancelation of their policy. Why does there have to be a law about it?”
How much you want to bet that once this legislation goes into effect, insurance company will introduce a product to insure against it for an extra premium.
Where’s the law for the Pussyfooters who are so scared to drive in a snow storm and have never put their car into a slide or skid until a patch of ice does it for them, catching them off guard?