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Failure to Report an Accident: Contrary to Section 199 of the Highway Traffic Act
Question: What happens if I fail to report an accident in Ontario?
Answer: Failing to report an accident can lead to fines up to $1,000, three demerit points, and potential increases in insurance rates. It’s crucial to understand your obligations under the Highway Traffic Act, R.S.O. 1990, c. H.8 to avoid serious repercussions and ensure your peace of mind.
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:
Duty to report accident
199 (1) Every person in charge of a motor vehicle or street car who is directly or indirectly involved in an accident shall, if the accident results in personal injuries or in damage to property apparently exceeding an amount prescribed by regulation, report the accident forthwith to the nearest police officer and furnish him or her with the information concerning the accident as may be required by the officer under subsection (3).
Officer may direct person to report accident at another location
(1.1) If, on reporting the accident to the nearest police officer under subsection (1), the person is directed by the officer to report the accident at a specified location, the person shall not furnish the officer described in subsection (1) with the information concerning the accident but shall forthwith attend at the specified location and report the accident there to a police officer and furnish him or her with the information concerning the accident as may be required by the officer under subsection (3).
Where person unable to report
(2) Where the person is physically incapable of making a report and there is another occupant of the motor vehicle, the occupant shall make the report.
11. For the purpose of subsection 199 (1) of the Act, the prescribed amount for damage to property is $5,000.
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:
[4] I agree with the position advanced by the appellant. I would hold that the obiter in Shah limiting the operation of the "entire HTA" to "highways" is wrong and should not be followed. Many provisions of the HTA are by their terms limited to "highways". Other provisions, however, are not so limited. Nothing in the overall structure of the HTA or its purpose compels the reading of the word "highway" into sections in which it does not appear. Section 199 is one such section. I would hold that the reporting requirement in s. 199 generally applies even if the accident does not occur on a "highway" as defined in the HTA.
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:
General penalty
214 (1) Every person who contravenes this Act or any regulation is guilty of an offence and on conviction, where a penalty for the contravention is not otherwise provided for herein, is liable to a fine of not less than $60 and not more than $1,000.
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.
