Odd — but true — traffic law peculiarities

ANDREW WALLACE/TORONTO STAR

No signs or objects, for example 'Baby on board', obstructing the driver’s view of the highway 

are permitted on any window under S. 73(1)(a,b) of Ontario's Highway Traffic Act.

Eric Lai

SPECIAL TO THE STAR

In reviewing Ontario’s Highway Traffic Act, one can’t help but notice some seemingly contradictory approaches this legislation takes to certain topics. Granted, the authors of the law must have had their reasons for each of these decisions but, on its face, some aspects of the HTA do seem at odds with each other. Here are some examples we’ve come across.

Under S. 74(1)(b) HTA, the rear window must afford the driver a clear view. Yet, S. 74(2) HTA specifies that drivers haven’t committed a “no clear view to rear” offence if their vehicle has (dual) outside mirrors — which are standard equipment on virtually every motor vehicle today. That fact notwithstanding, no signs or objects are permitted on any window under S. 73(1)(a,b) HTA (e.g. “Baby on board”).

Throwing a gum wrapper, for example, out the car window could land you a “litter highway” ticket under S. 180 HTA, but animal droppings (such as from police horses) do not constitute an offence.

Having just one working tail light on your motor vehicle is acceptable under the law, but heaven help you if your licence plate light is out. Ref. S. 62(1) and S. 62(19) HTA.

Using paint to touch up a rusted or faded licence plate is a “deface plate” offence under S. 12(1)(a) HTA. Leaving it in its naturally sorry state, on the other hand, isn’t a violation.

Though not advocated, unbelted passengers over age 8 in the rear of a pickup truck are legal. It’s not a violation either under seatbelt legislation or as an “insecure load.”

Every passenger inside a motor vehicle must occupy a seatbelt-equipped seating position and have their seatbelt, or infant/child car seat if applicable, securely fastened. To comply with the law, excess passengers might opt to take pubic transit where, ironically, neither infant, child nor adult riders would need to wear a seatbelt (as most buses are not manufactured with such equipment).

Speaking of buses, here’s a scary thought. If you were to buy a full-size school bus without air brakes, repaint it any colour other than chrome yellow, cover the words “school bus” and “do not pass when signals flashing,” remove the stop arm, and take out all but nine seats, the law permits you to drive that behemoth with just a class “G” licence.

Normally, a class “B” licence — and the prerequisite training needed to obtain it — is required to drive a full-size school bus.

Insurance claims: Don’t worry, I’m covered

When does filing an insurance claim make sense?

By Julie Cazzin | From MoneySense Magazine, October 2008

Tags: Insurance brokers, Insurance claims, Insurance premiums

This article was first published in the October 2008 issue of MoneySense.

Current issue:

Someone just backed into your car in a supermarket parking lot, then took off, leaving you with a dinged fender and a smashed taillight. Should you file an insurance claim and take the chance that your premiums will soar as a result?

Or maybe a storm toppled a tree and caused several hundred dollars worth of damage to your garage. Is that a worthwhile claim? Or will you just wind up giving the money back to the insurance company through increased premiums?

To find out, we canvassed insurance brokers across the country. Here’s what they told us:
 
• You should always make a claim on your car insurance if the damage was the result of something outside of your control. So if someone backs into your car in a parking lot and disappears, or if a stone hits your windshield and cracks it, or if hail destroys your new truck’s new paint job, get on the phone to your insurer. “Even if the damage is several thousand dollars, claims like this won’t impact your premium,” says Cory DiRosa of DiRosa Insurance in Oakville, Ont.

• If in doubt, do the math before you file to see if an auto accident claim is worth it. Most insurance agents or brokers will walk you through the decision, which will vary by province. In Ontario, a single at-fault accident will probably boost your premiums by 15% or more for six years. But two at-fault accidents in under three years can double your premiums for years to come. In B.C., two at-fault accidents will boost your premiums anywhere from 40% to 200%, depending on your driving record.

• If you’ve been using the same company to insure your home for five years or longer, some insurers will allow you one free claim before raising your premium. “So if your $2,500 golf clubs are stolen, it’s your first claim and you’re a long-time customer, make the claim,” says Vicki Van Santen, an insurance broker with Generations Insurance in Toronto. On the other hand, if you’ve been with your current insurer for only a couple of years, a single claim will probably boost your premium by 10% or more for three years.

• Don’t claim damages of less than $1,000 on your home insurance. It’s simply not worth your while. Most policies have at least a $500 deductible, so at most you stand to get a couple of hundred dollars — but you may wind up paying substantially higher premiums in years to come as a result.

• You should claim for any major house damage. So long as the damage was the result of an accident, and so long as it was your only claim in the past five years, even a $50,000 claim should not affect your renewal. But beware frequent, small claims. Insurers will usually not renew you after your third claim in five years, even if all the claims were minor. “It all boils down to frequency with home insurance claims,” says Van Santen.

• Since it doesn’t pay to make small claims on your home insurance, the smart strategy is to raise your deductible to $1,000. The higher deductible will save you up to 20% off your premium annually. “Higher deductibles mean lower premiums,” says Bob Fitzgerald, executive vice-president for Aviva Canada in Toronto. If you feel you can afford the risk, you can raise your deductible to $5,000 or more and cut 40% or more from your annual premium.

Winter Driving Tips

Winter tires - Winter tires help to increase grip in snowy or cold conditions, and I find they also preserve the alloy on your summer rims because they aren’t exposed to the road salt and chemicals.

Windshield wipers - Inspect your wipers because good wipers can make a huge difference when you have to clean your windshield every 5-10 seconds in a storm or when road salt continuously clouds your windshield.

Washer fluid - It’s a good idea to top up your washer fluid levels and carry an extra jug in the car with you, just in case you run out while driving. I know I have.

Tire pressure - Check your tire pressure when the weather turns cold, it’s recommended to keep your tires 3-5 psi higher than your regular tires. Reason being, winter tires are softer than regular tires so they grip the road better in colder temperatures. By increasing the pressure you maintain better grip and fuel economy.

Car washes - Regular car washes can help reduce the start of rust on your vehicle and increase visibility with other motorist. A wash will also help notice any damage to your car. (Example - someone hits your car with their door in a parking lot or flying chunks or ice on the highway.)

Turn headlights on - Personally I have found that turning your headlights on no matter what time of the day it is will help you see better and help other motorist see you. Many cars now have interior dash lights that are so bright you can see them at night, but then your taillights won’t be lit up and people behind you can’t see you until your brake lights come on.

Sunglasses - Sunglasses are invaluable in the winter. (especially polarized sunglasses) The glare from the sun off the snow and ice can blind you.

Pack an emergency kit - Something simple like energy bars, water in a plastic bottle so it won’t break open, a blanket, candle in a can with matches, a wind-up flashlight, a whistle, a small shovel or ice scraper.
 
Learn and practice winter driving techniques - Do this before you need them, it’s actually a lot of fun. Find a large parking lot or seldom used road and practice aggressive braking and turning. Be careful.

Plan your trip, check road and weather conditions - Get an idea of the route you’d prefer to take then check that route to make sure its open or not backed up with traffic. I use AM 680 to get traffic and weather conditions; they give new reports every 10 minutes.

Remove all snow from your vehicle before each trip - Have you ever been behind someone who didn’t clean off their car? I know I have, I’ve even been the person who didn’t. Try to clean off your car before your trip, a good plan is to start your car to take the chill out of it and clean your car off kill the time till it warms up. I know it isn’t fun but it may prevent an accident.

Give yourself extra travel time in bad weather - Let’s be realistic, it’s going to take longer to get places in the winter so we need to plan accordingly. Leave a little earlier for your destination, you’ll most likely need the extra time and you won’t feel rushed.

Avoid using cruise control on slippery roads - When you set your cruise control you’re telling your car computer to keep you at the selected speed no mater what. This feature is great to get better fuel mileage by not constantly changing speed, for going up or down hills and to even prevent speeding. The downside to this is if you have the cruise control set and you hit snow or slush on the road the car will try and compensate for the decreased speed or traction by accelerating, which can cause you to slide out of control. I’ve also had personal experience with this problem.  

Travel with a fully charged cell phone - When possible try to charge your phone, carry a car charger or charge your phone off your computer at work. Most phones now sync with PC’s, you can use your sync cable to charge your phone.

Call it the $214,929 fender-bender. Reasons Why?

This email was recently circulated in our office and we thought it would be a good idea to upload it to the blog for everyone to take a look at, it's an interesting read for those who are wondering why insurance rates are so high right now. 

Call it the $214,929 fender-bender.
As Ontario’s 9 million motorists and the province’s auditor general fret over the highest auto insurance rates in Canada — despite having the lowest death and injury stats per capita of any province — insurers and customers circle each other in a complex dance of profits versus claims.
It determines how much everyone pays in premiums, a hot-button pocketbook issue.

Insurers point to cases like this:

In fall 2009, a four-door Toyota Avalon was rear-ended in the GTA, its right rear bumper scratched. Two occupants were injured in what an insurance source termed a “relatively minor accident.”

Based on similar collisions, refinishing the bumper as well as assessment and whiplash treatments for the driver and passenger might hit $10,000.

But more than 100 accident benefit claims were submitted on their behalf to their insurance company, including 42 applications for medical assessments of injuries and 66 separate plans for treating the injuries.

Among the deluge of documents — known in the insurance business as “papering” and meant to swamp busy claims adjusters — were claims for several medical aids, including a “portable supersonic muscle relief device.”

“It wasn’t just the large number of devices but the amount of money for them. We went online and saw you could buy them for a lot less,” said the industry source. “One was 10 times its retail price.”

Thankfully, the obvious scam — not necessarily attempted by the occupants of the car and more likely by an unscrupulous clinic — was red-flagged and a fraction of the total claims of $214,929 has been paid. The file remains open.

“This is one example of what we see every day,” said the source. “It’s way above average for a relatively minor accident. It’s a ridiculous amount.”

Such is life on the front lines of the insurance wars, a political flashpoint for Finance Minister Dwight Duncan.

The industry is heavily regulated by the government, which approves rates and sets benefit levels, as it balances the needs of motorists with more than 100 companies that lost a total of $1.7 billion last year on their auto business — some profiting, others in the red depending on the claims they faced.

In Toronto alone, there were 46,484 traffic accidents to the end of November, an average of 139 daily, police say.

The average auto accident injury claim in Ontario is $56,000, five times higher than the average in other provinces where accident benefit levels are often lower.

“Most consumers are honest people,” says George Cooke, chief executive of Dominion of Canada General Insurance Company.

“The ones that are costing the system a lot are the minor injuries that people try to make into something more.”

On the flip side are accident victims — particularly ones with serious injuries — who feel their medical professionals’ requests for legitimate treatment are being denied or stalled by insurers under financial pressure.

The rejection rates are hard to pinpoint because an agency called Health Claims for Auto Insurance, an electronic system for transmitting auto insurance health claim forms between insurers and health care facilities, won’t provide a breakdown, says Nick Gurevich of the Alliance of Community Medical & Rehabilitation Providers, representing rehab professionals.

“It’s a very common problem,” says Dr. Donna Ouchterlony, director of the head injury clinic at St. Michael’s Hospital that sees 3,000 patients annually.

“We decide what we need for our patients and write treatment plans. They’re frequently denied, particularly for immigrant, non-powerful people who can’t afford good lawyers.”

It’s been worse since insurance reforms took effect in September 2010 reducing accident benefit levels for various categories of injuries with the goal of keeping premiums down, she says.

“They just deny everything and wait to see what’s going to happen. They wait to see if people fight back,” Ouchterlony adds.

Jennifer Ryan of East York feels caught in that squeeze.

“They’re treating us like they feel we’re fraudulent,” says the physiotherapist at Holland Bloorview Kids Rehabilitation Hospital.

Her husband, Andrew Ryan, 32, was riding his bike to work two years ago when he was hit by a car, careened off the hood and went helmet-first into the ground, suffering a mild brain injury and other bodily damage.

He’s had an estimated $70,000 worth of treatment funded by the insurance company Belairdirect. Part of his claim has already gone to mediation but more is in dispute with further physiotherapy and speech therapy recommended by the family’s medical providers but not by the insurance company’s assessors.

Ryan tried returning to work as a multimedia designer but couldn’t perform to standard and often fell asleep on the subway, missing his stops.

“If he was a single guy living by himself there’d be nobody looking after him and keeping him on track,” says his wife. “The insurance company is like, ‘This has gone on long enough.’ ”
Belairdirect acknowledges the conflict.

“We worked with Mr. Ryan to help him recover,” says spokesman Gilles Gratton. “Mr. Ryan has disagreed with some treatment decisions. We’re participating with him and we want to resolve these issues.”

In his latest report, Ontario Auditor General Jim McCarter looked at insurance premiums, the estimated $1.3 billion in fraud annually (an amount which is disputed) as well as drastic increases in injury treatment costs in recent years. He declared, frustrated: “Somebody’s got to get a handle on this.”

Ontario is not the only jurisdiction in this pickle.

“We are seeing a sharp increase in our bodily injury claims costs. I think that’s a problem for insurers everywhere,” said Adam Grossman of the Insurance Corporation of British Columbia (ICBC).
The government-run auto insurance company just raised its basic premium 11.2 per cent — the first hike in four years after seeing a $200 million rise in claims costs in the last year to $1.7 billion for bodily injuries. That’s an increase of $350 million from five years ago.

“This is not sustainable,” said ICBC chief executive Jon Schubert.

The next frontier in Ontario is taking a deeper look at fraud and how to prevent it, but scam artists are just one of the bugs that must be worked out.

About 33,000 insurance claims — almost half the annual total — are in dispute by motorists and stuck in a one-year backlog awaiting mediation or arbitration by the Financial Services Commission of Ontario (FSCO).

Both insurers and the rehabilitation industry are watching closely, recognizing that the new $3,500 cap on minor injury assessments and claims — the bulk of accidents — depends on how those cases are decided.

“The longer it takes to get these cases through the system, the longer there’s uncertainty and the more difficult it is for insurance companies to budget and price their products appropriately,” says Ralph Palumbo of the Insurance Bureau of Canada.

The $3,500 minor injury guideline will be reviewed in a couple of years with an eye to setting evidence-based treatment protocols.

FSCO, an agency of the finance ministry, is adding resources so cases can be mediated in the legislated 60 days by the end of March providing insurance companies and their clients have lawyers ready, said a spokesman for Duncan.

It all means the debate over insurance rates will continue.

“Premiums follow the money,” notes Palumbo.
AVERAGE AUTO PREMIUMS BY PROVINCE IN 2010. BC $1,092
AB $1,087
SK $832
MB $943
ON $1,432
QC $717
NB $813
NS $807
PEI $757
NL $985
Source: Ontario Auditor General
AVERAGE TOTAL CLAIMS COSTS BY PROVINCE PER INSURED VEHICLE IN 2010 BC $915
AB $768
MB $719
ON $1,328
NB $493
PEI $449
NL $746
(SK and QC unavailable).
Source: Ontario Auditor General
Torstar News Service

Top 10 Most Stolen Cars - 2011

Your car may be hotter than you think: IBC releases annual list of top 10 stolen vehicles

December 14, 2011

Toronto, ON – December 14, 2011 – Insurance Bureau of Canada (IBC) released its annual list of the top 10 most frequently stolen vehicles in Canada today, many of which are showing up in the local market and not necessarily being exported out of Canada. In these cases, the vehicles are often re-sold to unsuspecting consumers.   
This year there is a new hot target for thieves – the 2009 Toyota Venza. It replaces the 2000 Honda Civic SiR, which was last year’s number one stolen vehicle. 
The top 10 most frequently stolen vehicles in Canada are:

1. 2009 Toyota Venza 4-door
2. 1999 Honda Civic SiR 2-door
3. 2000 Honda Civic SiR 2-door
4. 2006 Ford F350 Pickup Truck 4WD
5. 2002 Cadillac Escalade EXT 4-door AWD 
6. 2006 Chevrolet TrailBlazer SS 4-door 4WD
7. 2007 Ford F350 Pickup Truck 4WD
8. 2001 Pontiac Aztek 4-door AWD 
9. 1998 Acura Integra 2-door
10. 1999 Acura Integra 2-door

“Consumers need to be aware when they’re in the market for used vehicles or parts,” said Rick Dubin, Vice-President, Investigative Services, IBC. “Those luxury, high-end vehicles may be hotter than you think.”
Such high-end vehicles are often targeted by criminal organizations that strip them for parts or re-sell them to unsuspecting consumers.

Read more from Insurance Bureau of Canada here.

Winter Tires -Traction, Control, Performance and Safety

This video describes in detail just how effective winter tires can be in contributing to your personal safety. Good to know as the snow will be flying soon!

Check out IBC.ca (Insurance Bureau of Canada for more information)

Welcome to the official first Moller Insurance blog post!

First off thanks for coming to our new blog. Our web designer has been working on the site for a couple months now and it's all finally coming together. It's one of those things we can cross of our new years resolution list before it even gets here!

Our main purpose for the new website as well as this blog is to be able to provide ongoing eduction and tools to help our clients understand insurance. Your insurance needs can change year to year and it's always important to be sure you have the right insurance to protect what you value most. We will be updating the blog weekly with interesting articles, educational videos and even some interesting stories from our clients.

Thanks for your interest and we look forward to hearing some of your feedback!


The Moller Insurance Team