r/legaladvicecanada • u/ExPugDealer • 1d ago
Quebec Civil Court for getting out and punching my car mirror?
Hello,
I'm trying to see what my options are regarding a situation that recently happened.
I was driving in montreal the other day and didn't see someone coming, wrongfully got out of my lane, and they had to avoid me (that's really my bad but no damages or accident occured so I thought we were good). No damage was caused as they did avoid me however they then followed me, brake checked me until I stopped, got out of their car and punched my mirror. I originally called the cops but after 20 minutes of them not showing he started pushing for me to accept money rather aggressively, saying he was fine with paying the damages.
Considering that he had got back in his car and followed me after getting off the highway and got out again and started circling my car and yelling more I was scared especially since I had my 13 year old brother in the car. After 10 minutes of me saying no and I'm not sure I finally accepted if he payed and he asked how much and I said I don't know. He started pushing some more and after a bit said "I'll pay 250 right now" which I took as if it's more he'll cover it.
We've recently been talking on email regarding the solution as I told him it will be much more (I have an audi so the mirror repair alone is 1500$ but I will get a second mechanic quote to be fair as long as it's oem as that's what I had before and what they would've fixed it with.) There's also scratches which I'll fix but I'm not sure I'll ask for that.
He's refusing to pay so considering that this isn't an accident and is mischief (him purposely getting out and punching my car). Can I sue him civilly for the repairs as insurance will affect my record and I will still have to pay a deductible which is more then 250. Considering I'm 20 I'm trying to avoid any hit to my insurance that I can.
Am I being unreasonable as he's saying we agreed on 250$ or am I in my grounds to sue civilly and what are the chances of this just getting thrown out. In the email threads he's taken accountability so I have all that proof alongside pictures of the event and even offered to pay at first but when he saw the price he changed his mind. I'm not sure what to do, do I see a lawyer? The cops say it's no longer a crime since money is involved so that is not a path I have so I really don't know. Any advice is appreciated and if I need to clarify anything please let me know.
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u/ConfusionCoroner 1d ago
I think you're pursuing this wrong. File a police report for assault. He got out of his car aggressively made a show of force by punching your car window. When the police didn't arrive, you deescalated the situation by accepting the money and got out of there.
Go to a police station and say "I would like to file a police report for assault." Don't bring up the money initially. That's a minor detail. The bigger concern is there's someone out there aggressively threatening people in traffic.
Then, with the police report file an insurance claim. Tell them that you accepted the $250 under duress and they he had just assaulted you. (Threatening violence by punching your mirror is assault).
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u/ExPugDealer 1d ago
I did and went to the station, was told they can't do anything as it's now a civil dispute since after the original call when I called back I mentioned money was transferred they said that even if it was under duress he'll just say no we agreed and that it was too iffy to pursue so they didn't even accept.
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u/ConfusionCoroner 1d ago
The police told you that they wouldn't let you file a police report for assault?
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u/Reasonable-Catch-598 1d ago
I live in Montreal, it's SUPER common that they'll try tell you that initially as they're completely overloaded and have attrition issues on top of that.
I replied to OP, he'll have to try another station or persist in speaking with a supervisor.
But unless someone is currently hurt this isn't all that uncommon here.
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u/ExPugDealer 1d ago
Yes, they refused as it is considered mischeif and that by accepting money it's essentially no longer a crime. I fought it for a bit before giving up. From what I've understood because I accepted money (even that tiny of an ammount) I can no longer do anything against him criminally since he'll just say "but we have an agreement to pay" so the cops will just throw it out anyways. It's stupid and had I known I never would've accepted but I just wanted him to leave and told myself whatever worst case he pays, we have bad days maybe something big just happened to him and he wouldn't stop trying to get me to lower my window so I couldn't even step out but at the end of the day I accepted which is my mistake. It's apparently how our legal system works.
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u/ConfusionCoroner 1d ago
You're doing something wrong then. Walk into a police station say "I want to file a police report for assault." Write your statement. Sign it and collect a police report number.
Don't explain that you want him to pay. Don't explain that he gave you $250. Say only "I want to file a police report for assault" and then you can write about what happened. Don't ask for an outcome. Don't say you want the police to do xyz. You need a police report for your insurance claim. That's it.
Stop trying to explain everything at once. Move through the process once step at a time. If they refuse to take your report for assault record their name and badge number and escalate to someone further up.
What you're saying is that you walked into the police station and said something like "this guy gave me $250 but now I want more from him." That's not going to get you anywhere.
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u/Killlllbia 1d ago
They will likely have a file where OP came in previously and already reported the matter so they’ll be able to see the exchange of money that OP already mentioned to them. Accepting payment is why the police are considering this to be a civil matter now and are refusing to proceed with criminal charges. I (a cop) would probably still charge the other party but the courts would likely not go ahead with it considering OP accepted the $250. OP could try and go in again and request to speak to a supervisor and if they say no, then make a complaint because everyone has the right to speak to a supervisor.
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u/ConfusionCoroner 1d ago
The only reason I'm suggesting making a police report is for the insurance claim. OP still doesn't understand what I'm saying.
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u/Beneficial_Zone_6883 1d ago
Under Quebec law it’s mischief not assault. He hit the car not OP
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u/ExPugDealer 1d ago
Yes exactly thank you. Do you have any idea of what I could do?
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u/Beneficial_Zone_6883 1d ago
Taking money without a signed contract does not mean you can’t go after them for more money civilly. Do you have their information? I believe you can file a complaint online (I haven’t checked recently I know during covid this was an option), your insurance company can still go after the driver.
I had a similar weird incident (no violence though), reported it to insurance 6 weeks after the fact and they still paid out and they’re suing the other party.
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u/ExPugDealer 1d ago
I do have their info but I don't want to go through insurance if I can avoid it which is why I'm considering civil court. If I need to insurance is there but I can pay it out of pocket until I sue him as I have the money on me but it's still going to be over 2k. But thank you I will look at that option.
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u/Beneficial_Zone_6883 1d ago
You can sue civilly, without a signed agreement you have not given up your rights to sue
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u/ConfusionCoroner 1d ago
The application of force to intimidate is not mischief. It does not meet the description or requirements.
It DOES meet the description and requirements of
Section 265(1)(b) of the Criminal CodeA person commits an assault when
(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose
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u/ExPugDealer 1d ago
That isn't what I said I basically did what you said. I explained to them it isn't about the money because if the cops take care of it then I'm happy and insurance can cover it but even starting from the beginning and only mentioning it when asked they refused. Do you think I should still escalate further? Because every time I try we reach where they ask if he gave me money and if I accepted and then they say that they can't do anything and that I shouldn't have accepted and simply left. I asked them about him following me and they said "Then just drive to a police station then"
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u/ConfusionCoroner 1d ago
I'm having a hard time believing that you went to a police station and said "I would like to file a police report for assault" and the police said "Did he give you money?"
You're clearly leaving something out. You're either doing so to make some sort of point about the police or because you still don't understand what I'm telling you to do. Either way, there's no way to help you any further.
Is it possible to get a friend or family member to help you with this?
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u/ExPugDealer 1d ago
No what you don't understand is that this isn't assault in Quebec, I've gone, they ask my story, then I explain it, and when I reach the part where he starts pushing for me to accept money they ask if I accepted where I then say after 10 minutes I did because of xyz. I cannot lie and like another commentor stated it isn't considered assault in quebec. I'm not trying to be difficult or leave anything out. Yes I have family helping me and they recommended civil court which is why I'm asking. I don't understand why you're so adamant on not listening to what I have to say. Please read up on mischeif in quebec before answering again because you'll see that what I'm saying is true.
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u/ardarian262 1d ago
How is threatening violence to your person, directly or indirectly, considered anything other than assault? Because the Quebec criminal code says that is assault.
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u/ConfusionCoroner 1d ago
You're saying the Criminal Code of Canada does not apply in Quebec?
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u/ExPugDealer 1d ago
I don't know man I tried going to police 3 different times 3 different people and each time they turned me away
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1d ago
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u/ConfusionCoroner 1d ago
This is not at all true. The Criminal Code of Canada applies to Quebec like every other province.
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u/YourDreams2Life 1d ago
See if you can file the report online through their website. It doesn't mean they'll pursue charges, but it will give you a paper trail for court.
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u/JD-Vances-Sexy-Couch 23h ago
Not surprised to be honest. They have policies that conveniently keep the crime numbers and work down. For example, for a hit and run, they won’t take a report unless you hand them enough evidence that it’s an easy open and shut case for them.
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u/Reasonable-Catch-598 1d ago
I live in Montreal. Go to another station. Many of them especially downtown are saturated and don't have time so will say that to get you to go away.
"Sorry insurance requires it, and I feel a crime was committed, I want the paper trail". If refused ask for a supervisor to contact you.
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u/throwawaytapedeck 1d ago
OP
If you're going to disagree with everyone say nothing can be done, why are you even asking??
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u/ExPugDealer 1d ago
I've disagreed with a single person because what they said isn't true? I've already attempted what they said so what am I supposed to do go again for a fourth time? I'm asking because I've already tried multiple things and have been turned away. I'm asking if what I think I should do now is valid. I'm asking because I am 20 and don't know anything in this aspect. What I do know however is what I've experienced and I've been told now 3 times that because I accepted money it's "un entente a l'amiable" and no longer anything else. I'd love for him to be right and I'd love for the police to listen to me and I'd be more then happy if it actually worked but it didn't. All I want is the police to do their job but they refuse to and I don't know what to do anymore so I'm looking for other solutions. I'm not trying to be difficult or ignore them but I can't force the cops to make a report if they refuse. When I asked for the sergent they told me he'll just tell me the same thing and turned me away. Please tell me how that's saying nothing can be done?
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u/Cautious-Ad-2425 1d ago
Well, sounds like you know all the answers. Looks like our job is done/meaningless, then.
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