Failure to Report an Accident:

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

After an accident, except for relatively minor incidents, the drivers involved in the accident are legally required to promptly report the accident to the police. If the drivers fail to report the accident to the police, the drivers may be charged for failing to do so.

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:

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:

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 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:

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

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.