Rear ended - Page 4 - Toyota GR86, 86, FR-S and Subaru BRZ Forum & Owners Community

The Tor · 08-25-2015, 09:36 PM

You can delete text messages if you want.

But the departments could just subpoena the phone companies for the records anyway.

Bergen23 · 08-25-2015, 10:03 PM

Quote:

Originally Posted by Tcoat

That would be a great theory if we were in the US. In Canada if they suspect you were texting they have every legal right to seize your phone as evidence since it is an article used in the commission of a crime. The very fact that you were texting while driving is an offense even if they can not prove it caused the accident. They would of course have to prove you were though.

I'm not sure if this actually holds water though, Mr Coat. An HTA offence is not a crime. And, they can only seize it for the purposes of investigating a crime. However, if they suspect that the phone contributed to the accident, they could charge you with Dangerous Driving (249(1) CCC) which is a criminal code offence and you can be arrested for it.

There's a lot of ifs ands or buts, ultimately, unless you're being arrested, the officer has no right to take your phone as evidence.

EDIT: I also had a very bad encounter with a lovely OPP officer up at the cottage the last time I was there, so I may still be a little sour from that. Short of the long, he threatened me with Dangerous Driving if I take my ticket to court.

Tcoat · 08-25-2015, 10:14 PM

Quote:

Originally Posted by Bergen23

I'm not sure if this actually holds water though, Mr Coat. An HTA offence is not a crime. And, they can only seize it for the purposes of investigating a crime. However, if they suspect that the phone contributed to the accident, they could charge you with Dangerous Driving (249(1) CCC) which is a criminal code offence and you can be arrested for it.

There's a lot of ifs ands or buts, ultimately, unless you're being arrested, the officer has no right to take your phone as evidence.

EDIT: I also had a very bad encounter with a lovely OPP officer up at the cottage the last time I was there, so I may still be a little sour from that. Short of the long, he threatened me with Dangerous Driving if I take my ticket to court.

Oh I agree that this sort of thing is never cut and dried it is just the ability exists here.

Do it! I would love to see what happens if he try's to change the charge in/after the court case is heard.

S84kam · 09-10-2015, 11:52 AM

apparently the insurance wasn't too happy with the collision centre. They had to replace the entire rear sub frame which is more than the original estimate. The welds on the sub frame didn't hold up!

probably a mess up with the appraiser thinking that it was a FWD car? who knows?

just to get an example this is all being replaced. Because of my "new vehicle policy" everything is replaced and not cut and welded. I'm pretty happy.

S84kam · 09-11-2015, 05:29 PM

got my car back!!

The rear end is REALLY REALLY high! im guessing its the new struts are just settling?

looks really weird from the house

but im glad I have her back

MJones_RB · 09-11-2015, 05:35 PM

Woo hoo Dragster!

Packofcrows · 09-11-2015, 05:39 PM

Quote:

Originally Posted by S84kam

got my car back!!

The rear end is REALLY REALLY high! im guessing its the new struts are just settling?

looks really weird from the house

but im glad I have her back

that gap! Can fit a motorcycle tire in there!

MisterSheep · 09-11-2015, 05:45 PM

That does look abnormally high... Thats very strange.

Ashikabi · 09-11-2015, 11:21 PM

Same thing happened to me 2 weeks ago. But mine got pushed into a truck hitch. Mainly body damage

Hachi_d00d · 09-12-2015, 05:36 PM

OP awesome avatar haha! On topic tho... sorry this happened, glad to see it fixed! idk there must be something about these cars that just makes them easy targets for people to hit them! i was backed into a couple weeks ago, got a tiny dent on the quarter panel and bumper was scraped. Taking her tmrw to get fixed up!

S84kam · 09-13-2015, 12:48 AM

Quote:

Originally Posted by Ashikabi

Same thing happened to me 2 weeks ago. But mine got pushed into a truck hitch. Mainly body damage

Quote:

Originally Posted by Hachi_d00d

OP awesome avatar haha! On topic tho... sorry this happened, glad to see it fixed! idk there must be something about these cars that just makes them easy targets for people to hit them!

I try not to think about how the old man hit my car, in an empty, large street. You know after having a nissan Versa for 3 weeks really makes me appreciate the FRS. God those Econoboxes are tough to get comfortable in more than 2 hours drive.

FRSBRZGT86FAN · 09-13-2015, 01:06 AM

Quote:

Originally Posted by S84kam

lol thanks guys. its good to come here for laughs, even at my expense.

I'm more at ease at this situation.

Do you know why he hit your beauty? Was there a police report and such filed?

The Tor · 09-13-2015, 01:16 AM

Looks the strut and/or spring may be wrong.

I had to have a shock replaced on my 05 TC after it blew and it didn't sit higher after replacement. You might want to have that checked out.

S84kam · 09-13-2015, 01:19 AM

Quote:

Originally Posted by FRSBRZGT86FAN

Do you know why he hit your beauty? Was there a police report and such filed?

he wasn't paying attention i believe. Yes police was there because the old man was not cooperative with giving his insurance and ownership. Good thing he wasn't cooperating, because of that he got nailed with a careless driving ticket

his premiums go up too

But he got the last laugh. His car was written off, mine wasn't. Also I was stuck in a nissan versa for 3 weeks

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08-25-2015, 09:36 PM	#43
The Tor Member Join Date: Aug 2014 Drives: 13 FR-S Argento Location: Citrus County, FL Posts: 17 Thanks: 4 Thanked 73 Times in 8 Posts Mentioned: 0 Post(s) Tagged: 0 Thread(s)	You can delete text messages if you want. But the departments could just subpoena the phone companies for the records anyway.

09-10-2015, 11:52 AM	#46
S84kam Senior Member Join Date: May 2015 Drives: FBRZS Location: Kingston Posts: 268 Thanks: 254 Thanked 150 Times in 83 Posts Mentioned: 2 Post(s) Tagged: 0 Thread(s)	apparently the insurance wasn't too happy with the collision centre. They had to replace the entire rear sub frame which is more than the original estimate. The welds on the sub frame didn't hold up! probably a mess up with the appraiser thinking that it was a FWD car? who knows? just to get an example this is all being replaced. Because of my "new vehicle policy" everything is replaced and not cut and welded. I'm pretty happy.

09-11-2015, 05:29 PM	#47
S84kam Senior Member Join Date: May 2015 Drives: FBRZS Location: Kingston Posts: 268 Thanks: 254 Thanked 150 Times in 83 Posts Mentioned: 2 Post(s) Tagged: 0 Thread(s)	got my car back!! The rear end is REALLY REALLY high! im guessing its the new struts are just settling? looks really weird from the house but im glad I have her back

09-11-2015, 11:21 PM	#51
Ashikabi Senior Member Join Date: Aug 2014 Drives: 2013 FR-S Location: Northwest Iowa Posts: 7,354 Thanks: 454 Thanked 4,542 Times in 2,947 Posts Mentioned: 59 Post(s) Tagged: 5 Thread(s)	Same thing happened to me 2 weeks ago. But mine got pushed into a truck hitch. Mainly body damage

09-12-2015, 05:36 PM	#52
Hachi_d00d Member Join Date: May 2015 Drives: 2015 halo FR-S Location: Lehigh Valley PA Posts: 11 Thanks: 0 Thanked 2 Times in 2 Posts Mentioned: 0 Post(s) Tagged: 0 Thread(s)	OP awesome avatar haha! On topic tho... sorry this happened, glad to see it fixed! idk there must be something about these cars that just makes them easy targets for people to hit them! i was backed into a couple weeks ago, got a tiny dent on the quarter panel and bumper was scraped. Taking her tmrw to get fixed up!

09-13-2015, 01:16 AM	#55
The Tor Member Join Date: Aug 2014 Drives: 13 FR-S Argento Location: Citrus County, FL Posts: 17 Thanks: 4 Thanked 73 Times in 8 Posts Mentioned: 0 Post(s) Tagged: 0 Thread(s)	Looks the strut and/or spring may be wrong. I had to have a shock replaced on my 05 TC after it blew and it didn't sit higher after replacement. You might want to have that checked out.

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