Your cash is refunded if you win an appeal

Eric Lai

SPECIAL TO THE STAR

Q: If I appeal a traffic conviction and win, does it cost me anything?

A: Malcolm Higgins of Tickettalk.ca Legal Services, a Toronto paralegal firm, replies:

There are no costs associated with winning an appeal (other than transcript fees). The fine is refunded if already paid, and the quashed conviction is removed from your driver's record.

If the court sets aside the conviction and orders a new trial, you'll have to start over as if the other proceeding never happened.

If, instead, the appeal court orders that an acquittal be entered then the matter ends there. However, in rare instances, the crown may opt to appeal your victory within 30 days.

Eric Lai adds:

To appeal a conviction you must buy transcripts of the court trial and, normally, pay the fine in full. A typical transcript fee would run from about $65 to over $100, depending on the length of the trial. The current rate is $4.55 per page plus copy fees (three copies are required). Basically, the more everyone talks, or argues, the more it costs.

The appeal court then hears your arguments and decides if an error in law was made based on those transcripts.

Even if you win and the conviction is set aside, the case may be returned to the lower court for retrial. At this point, the prosecution generally recognizes it's a lost cause and charges are withdrawn, or the officer doesn't show up. But either way, you still have to appear in court (again) or else you're deemed "not to dispute the charge."

If your conviction is overturned, the fine amount is refunded. However, win or lose, the hefty transcript fee is never returned.

Q: I own a 1996 Lincoln Mark VIII in top condition with 159,000 km. My current annual insurance premium is $1,800, with $260 going to collision coverage. Given the age of the vehicle, does it make sense to continue this coverage?

A: James Geuzebroek, manager of media relations for the Insurance Bureau of Canada, replies:

This is an individual decision that needs to be made based on the value of your vehicle, the premium for the coverage, and your personal financial position.

In the event of a total loss, you will get the actual cash value of the vehicle. So, you should determine approximately what that amount is and then decide whether it's worth paying the applicable premium.

Should you forego collision coverage, consider whether you can afford to walk away from an uncompensated total loss. For an at-fault collision, there will be a deductible, usually $500.

Eric Lai adds:

According to vmrcanada.com, a free used car valuation website, the base model of your vehicle has a wholesale (trade-in) value of $3,325, and a retail value of $4,450.

The uncompensated loss scenarios above apply only if you're at-fault in a collision and don't have collision coverage. If you're not at-fault, you're entitled to collect from your own insurer under the policy's mandatory "direct compensation" coverage. This has no deductible, unless specifically purchased by you, and includes loss of use of your vehicle.

Personally, I'd drop all optional coverage to get the premium as low as possible on a vehicle valued under $4,500. If I'm not at-fault in a crash, I'm covered anyway, and if I am at-fault, I'm certainly not going to put in a claim (less the deductible) and risk skyrocketing premiums that would likely negate any benefit from a payout.

Email your non-mechanical questions

to Eric Lai at wheels@thestar.ca.

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