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Failure to Report an Accident:
Contrary to Section 199 of the Highway Traffic Act
Last Updated: June 11 2026
Question: What are the legal requirements and penalties in Ontario for failing to report a motor vehicle accident with injuries or more than $5,000 in damage?
Answer: In Ontario, an accident must be reported to police “forthwith” when there are injuries or apparent property damage over $5,000 under Highway Traffic Act, R.S.O. 1990, c. H.8 and General, R.R.O. 1990, Reg. 596, and failing to report can lead to fines (often up to $1,000), victim surcharge, demerit points, and insurance impacts. For help assessing your situation, gathering evidence, and preparing a defence, Defend-it Legal Services provides Paralegal Services, Private Investigation, Background Searches & Fingerprinting Agency support across Ontario, call (289) 275-3513 to get clear next steps fast.
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
When an accident involves injuries to a person, or where damage to the vehicles or other property appears likely to exceed five thousand ($5,000) dollars, the drivers are required by law to reported the accident to the police. This requirement is prescribed within section 199(1) or section 199(1.1) of the Highway Traffic Act, R.S.O. 1990, c. H.8 including the applicable regulation wherein it is stated:
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. It is Interesting to note that section 199(1) and section 199(1.1) are absent of the word "highway", or any other other definition for where a reportable accident must occur; and accordingly, any accident meeting the injury or damage criteria must be reported. This requirement was well stated by the Court of Appeal within the case of R. v. Hajivasilis, 2013 ONCA 27 wherein it was stated:
[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.
Accordingly, it is clearly stated that if the injury or damage criteria are met, the law requires that an accident is reported regardless of whether the accident occurred on private property such as, among other places, in a parking lot, in a residential driveway, or even in a household garage.
Defence Strategy
How to Defend Against a Failing to Report an Accident Charge
As shown by the law as cited and summarized above, the offence of failing to report an accident involves the failure to report the accident "forthwith" whenever injuries or damage exceeding five thousand ($5,000) dollars occurs. As such, among other things, to successfully defend against a failing to report an accident charge, such can be accomplished by raising a reasonable doubt that:
- The driver charged was actually involved in the alleged accident;
- The driver charged knew, or ought to know, that an injury occurred;
- The driver charged knew, or ought to know, that damage exceeded $5,000 in total value; or
- The driver charged failed to act "forthwith" in contacting the police.
Penalty
What Happens When a Driver Is Convicted of Failing to Report An Accident
The fine that applies upon conviction for violating section 199(1) or section 199(1.1) is prescribed within 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 is provided above, a driver convicted of failing to report an accident is subject to a maximum fine of one thousand ($1,000) dollars. Furthermore, on top of the fine, a mandatory victim surcharge is also applied as prescribed within the Victim Fine Surcharges, O. Reg. 161/00 and the driver will also accumulate three demerit points per the Demerit Point System, O. Reg. 339/94 as well as being subjected to the strong possibility of insurance rate hikes.
Conclusion
Reporting an accident to the police is mandatory when a person is injured or there appears more than $5,000 in damage. Failing to report an accident may result in a fine of up to $1,000 plus statutory victim surcharge and court cost. Additionally, the convicted driver receives three (3) demerit points and likely incurs significant increase in insurance rates.
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