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Failure to Report an Accident: Contrary to Section 199 of the Highway Traffic Act
Question: What are the legal obligations for reporting a vehicle accident in Ontario?
Answer: In Ontario, drivers involved in a vehicle accident must report it to the police if personal injuries occur or property damage exceeds $5,000, according to Highway Traffic Act, R.S.O. 1990, c. H.8, sections 199(1) and 199(1.1). Failure to report may result in fines up to $1,000 and increased insurance rates. If you need guidance navigating the legalities of traffic incidents, consider exploring services from Success.Legal to ensure your rights are protected.
Understanding Failure to Report an Accident Concerns
When an accident occurs, and depending on how serious the accident was, the drivers involved may lawfully be required to report the accident to the police and, if the drivers fail to report the accident, the drivers may be charged with an offence.
The Law
If within an accident, a person is injured or the damage to the vehicles involved or other property involved reasonably appears as more than five thousand ($5,000) dollars, then the accident is a reportable accident and the police must be contacted "forthwith". This mandate is described in section 199(1) or section 199(1.1) of the Highway Traffic Act, R.S.O. 1990, c. H.8 including the regulation as applicable thereto. Specifically, the law states:
Duty to report accident
199 (1) Every person in charge of a motor vehicle or street car who is directly or indirectly involved in an accident shall, if the accident results in personal injuries or in damage to property apparently exceeding an amount prescribed by regulation, report the accident forthwith to the nearest police officer and furnish him or her with the information concerning the accident as may be required by the officer under subsection (3).
Officer may direct person to report accident at another location
(1.1) If, on reporting the accident to the nearest police officer under subsection (1), the person is directed by the officer to report the accident at a specified location, the person shall not furnish the officer described in subsection (1) with the information concerning the accident but shall forthwith attend at the specified location and report the accident there to a police officer and furnish him or her with the information concerning the accident as may be required by the officer under subsection (3).
Where person unable to report
(2) Where the person is physically incapable of making a report and there is another occupant of the motor vehicle, the occupant shall make the report.
11. For the purpose of subsection 199 (1) of the Act, the prescribed amount for damage to property is $5,000.
As above, where an accident involves injury or damage appearing as beyond five thousand ($5,000) dollars, the drivers, among others, involved are required to report the accident to the police. Interestingly, whereas section 199(1) and section 199(1.1) omit references to "highway", or any other definition as to where a reportable accident must occur, it appears that any incident must be reported if the injury or damage criteria are met. This view was expressly confirmed by the Court of Appeal in the case of R. v. Hajivasilis, 2013 ONCA 27 where it was said:
[4] I agree with the position advanced by the appellant. I would hold that the obiter in Shah limiting the operation of the "entire HTA" to "highways" is wrong and should not be followed. Many provisions of the HTA are by their terms limited to "highways". Other provisions, however, are not so limited. Nothing in the overall structure of the HTA or its purpose compels the reading of the word "highway" into sections in which it does not appear. Section 199 is one such section. I would hold that the reporting requirement in s. 199 generally applies even if the accident does not occur on a "highway" as defined in the HTA.
As shown above, regardless of where the accident occurs, the law clearly states that when the injury or damage criteria are met, the accident must be reported; and as such it is irrelevant whether the accident occurred on private property, rather than a highway or roadway; and accordingly, among other places, a qualifying accident must be reported even if the accident occurred within a mall parking lot or even if the accident occurred within a residential driveway or inside a garage.
Defence Strategy
How to Fight a Failing to Report an Accident Charge
As stated within the law and summarized above, the offence of failing to report requires the failure to report an accident "forthwith" when the accident involves injuries or damage exceeding five thousand ($5,000) dollars. Accordingly, among other things, a successful defence strategy involves raising of reasonable doubt that:
- The person charged was involved in an accident;
- The person charged knew, or ought to know, that the accident involved injuries;
- The person charged knew, or ought to know, that the accident involved damage exceeding $5,000 in total; or
- The person charged failed to contact police in a "forthwith" manner.
Penalty
What Will Happen If Convicted of Failing to Report An Accident
The applicable fine upon a conviction for a violation of section 199(1) or section 199(1.1) is found at section 214(1) of the Highway Traffic Act wherein it is stated:
General penalty
214 (1) Every person who contravenes this Act or any regulation is guilty of an offence and on conviction, where a penalty for the contravention is not otherwise provided for herein, is liable to a fine of not less than $60 and not more than $1,000.
Accordingly, as shown above, a convicted driver is subject to a fine of up to one thousand ($1,000) dollars. Furthermore, when convicted, in addition to the fine, a statutory victim surcharge will be applied as per the Victim Fine Surcharges, O. Reg. 161/00 and the driver also receives three demerit points per the Demerit Point System, O. Reg. 339/94 while also being subjected to the likelihood of increased insurance rates.
Conclusion
The law requires reporting of an accident whenever an injury is involved or whenever the accident appears to result in more than $5,000 in damage. The failure to report an accident as legally required may result in a maximum fine of $1,000 as well as statutory victim surcharge plus court cost. Furthermore, a convicted driver accumulates three (3) demerit points and probably is subjected to insurance rate increases.
