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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Single vehicle MVI. Potentially being charged with leaving

Customer Question

Single vehicle MVI. Potentially being charged with leaving the scene of the accident.
JA: Dealing with a traffic incident can be frustrating, but getting the right information is crucial. Fortunately, the attorneys you'll meet here have a lot of experience with this, and it would be my pleasure to match you with the best fit. Have you consulted a lawyer yet?
Customer: Yes
JA: What advice did they give you?
Customer: Insufficient evidence to lay a charge. Left the scene of a single vehicle
JA: Please give me a bit more information, so we can help you best.
Customer: Left the scene of a single vehicle MVI. I was the only person involved. Accident happened in a remote area in Langley. Had no cellphone to call for help. Left to find help and was transported home. Didn
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JA: Is there anything else important you think the Lawyer should know?
Customer: Lots
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Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
Was involved in a single vehicle MVI in Langley on April 6th 2016 at approx 1:15am. Was travelling from my residence in south surrey to pick up a friend from his home in Abbotsford who was having a dispute with his spouse. While travelling on 237th towards McCallum Road in a remote area, I swerved to avoid an animal and lost control of my vehicle, struck a hydro pole, and flipped the vehicle. After breaking out of the vehicle, I attempted to recover my cell phone to call for help. The phone had died and wasn't able to charge the device to call for help. As I began to walk down 237th to look for help, a guy in a truck pulled up to see if I needed help. He check the scene to make sure no one else was involved. After confirming that I was the only one involved, he asked if I needed to go to the hospital. I declined as I felt okay other then a couple minor cuts on my hands while trying to find my phone. I didn't get the drivers name or number which has become an issue for ICBC. Once I got home I poured a drink and called 911. Police were already on-route to my residence. Once they arrived, I made a verbal statement on a voice recorder and told them what had happened. They asked if I had been drinking, which I answered "Yes, once I got home". No charges were laid and I wasn't taken in to custody. I followed up with ICBC today, and my adjuster took the name of my friend and his number who I was going to see. He verified my statement to ICBC. The adjuster then got in contact with the constable who was in charge of the file. She claims that the constable stated that I should have been charged with leaving the scene, and that charges might be pending. I asked her how that works, as I wasn't charged at the time. She said the two detachments weren't in touch with each other, and that the two RCMP members that showed up were only there to tell my spouse that I was missing. I stated that I was in a remote area and left to find help. She then told me that the constable in charge told ICBC that I didn't contact the police, even though I called 911 off my cell when I got home and made a verbal statement on a voice recorder during the interview which would show that I claimed that I did. She then said that I would probably be found in breach of my insurance because I was drunk when police showed up to my house. I admitted to drinking when I got home, but never stated that I was "drunk". I asked her what field sobriety test was conducted during the interview. She couldn't reply and changed the topic. No breathalyzer test or any other form of sobriety test was conducted. There was no evidence of alcohol in the vehicle. Should I be concerned about being charged with failure to remain at the scene, even though I was in a remote farming area with no ability to call for help, and did contact 911 as soon as I got home?
Customer: replied 1 year ago.
Also, how would I be found in breach of my insurance, after making every reasonable effort to contact police, and after providing them all the information that I could, other then the drivers name the transported me home.
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
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Expert:  Debra replied 1 year ago.
It doesn't sound at all like they are planning to charge you and it is not leaving the scene if you cannot get help from there and when you are alone and no one else is there to help you and when you called 911 as soon as you could.Let me know if you need any further clarification.

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