Failure to Report an Accident:

Question: Can a driver in Ontario who fails to report an accident “forthwith” be charged, and what should they do next?

Answer: If you are charged in Ontario with failing to report an accident “forthwith,” the Highway Traffic Act requires reporting when there are injuries or when property damage appears to exceed $5,000, even if the crash happened on private property like a mall parking lot or driveway, per Highway Traffic Act, R.S.O. 1990, c. H.8, s. 199(1) and s. 199(1.1), and the person may be fined up to $1,000 under Highway Traffic Act, R.S.O. 1990, c. H.8, s. 214(1) .  A quick, practical step is to gather evidence (police report number if any, photos, witness info, medical or repair records) and contact Olson Craig Legal for Lawyer & Paralegals support across Ontario, including help understanding whether you were involved, whether injuries or over-$5,000 damage were reasonably known, and whether “forthwith” notice was met, then book a review by calling (226) 886-2001 today.

Understanding Failure to Report an Accident Concerns

Following an accident, unless merely a very minor accident, the law requires that the accident must be reported "forthwith" to the police. Where drivers involved in an accident fail to report the accident "forthwith", the drivers may be charged.

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 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 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.