Failure to Report an Accident:

Question:In Ontario, what counts as a reportable accident and how soon must I call police to avoid a failing to report an accident charge?

Answer:In Ontario, you generally must report an accident “forthwith” if anyone is injured or if the damage to property reasonably appears to exceed $5,000, and this duty applies even when the collision happens off a “highway,” such as in a parking lot, driveway, or garage; the reporting requirement is set out in Highway Traffic Act, R.S.O. 1990, c. H.8, s. 199(1) and s. 199(1.1) with the $5,000 threshold in General, R.R.O. 1990, Reg. 596, s. 11, and courts confirm the requirement is not limited to highways (see R. v. Hajivasilis, 2013 ONCA 27); for help assessing whether your situation met the injury or $5,000 damage threshold and what defences may apply to a failing to report an accident charge, Paralegal at DefendCharges.ca™ can help you review the facts quickly, call (647) 559-3377.

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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.

Note: Please contact DefendCharges.ca™ by phone at: (647) 559-3377 to discuss any specific questions that you may have.

The Law

When any person is injured, or where the damage reasonably appears as more than five thousand ($5,000) dollars, an accident must be reported to the police as in accordance to requirements stated within section 199(1) or section 199(1.1) of the Highway Traffic Act, R.S.O. 1990, c. H.8 as well as the regulation as applicable thereto.  Specifically, it is stated:

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 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

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.