Failure to Report an Accident:

Question: Do I have to report a car accident in Ontario if the damage seems over $5,000 or someone is injured, even if it happened in a parking lot?

Answer: In Ontario, you generally must report an accident “forthwith” to police when there are injuries or when property damage appears to exceed $5,000 under Highway Traffic Act, R.S.O. 1990, c. H.8, and this duty can apply even off a roadway, such as on private property.   If you’re worried about charges or next steps, Denali Paralegal is a Family Law Services Provider Paralegal serving clients across Ontario with clear, cost-conscious guidance, so call (877) 414-4377 for fast help."

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

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 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.