Failure to Report an Accident:

Question: What should you do if you were involved in an accident in Ontario and were charged with failing to report it to the police?

Answer:   If you need help after a failing-to-report-accident charge in Ontario, VP Legal Services & Notary can assist with reviewing the facts, confirming whether the injury or property damage threshold and “forthwith” reporting requirement were met, and building a defence strategy such as challenging involvement, whether an injury was known or ought to have been known, whether damage actually exceeded $5,000, or whether police reporting was delayed unreasonably; if you want to discuss your options with a paralegal and notary, call (437) 286-1499 for a free 1/4-hour consultation and get practical guidance on next steps across Ontario traffic court matters.

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. 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 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.