Failure to Report an Accident:

Question: How long do I have to report an accident to police in Ontario if someone was injured or the damage is more than $5,000, and what happens if I do not report it?

Answer:   Lippa Legal Services helps Ontario drivers understand their duty to report under Highway Traffic Act, R.S.O. 1990, c. H.8, so if there are personal injuries or property damage that appears to exceed $5,000, you must report the accident “forthwith” to the nearest police officer (or attend at a specified location if directed under the Act) even if the crash happened on private property like a parking lot or driveway;  if you fail to report, you may be charged and, on conviction, can face a fine of up to $1,000 plus the victim surcharge and demerit points, which can also increase insurance costs;   for practical next steps and help reviewing your specific situation, contact Lippa Legal Services at (416) 241-4529.

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

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 is shown above, following an accident involving any injuries or an accident involving damage that appears as likely to cost more than five thousand ($5,000) dollars to repair, or in value if unrepairable, all drivers involved in the accident are legally required to report the accident "forthwith" 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:

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:

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.