Failure to Report an Accident:

Question: After a collision in Ontario, what happens if you do not report the accident to police?

Answer: In Ontario, the Highway Traffic Act requires drivers involved in an accident to report it “forthwith” to the nearest police officer when there are personal injuries or when property damage appears likely to exceed $5,000, regardless of where the accident occurred, including private property like a parking lot or driveway.   If you fail to report as required, you may be charged under Highway Traffic Act, R.S.O. 1990, c. H.8 at section 199(1) and 199(1.1), and on conviction you can face a fine of up to $1,000 plus a victim surcharge and demerit points.   If you are facing a failing to report charge, Lynxs Paralegal can help you review the facts, identify whether the Crown can prove involvement and “forthwith” reporting, and build a defence strategy with a paralegal in Ontario; call (647) 249-6676 for guidance.

Add this website to Google Preferred Sources

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:

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:

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:

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.