What Happens If You Fail to Report an Accident in Ontario?

This offence can result in severe penalties, including fines, demerit points, potential license suspension, and even jail time. If charged with failing to report an accident, you could face fines between $200 and $1,000 (or $400 to $2,000 for repeat offenders), seven demerit points, and up to six months in jail.

This guide covers the reporting requirements, penalties, and defence options for a failure to report charge in Ontario.

What Is Failure to Report an Accident in Ontario?

Failure to report an accident occurs when a driver involved in a collision fails to notify police. It can result in two different types of offences – one under the Highway Traffic Act and the other under the Criminal Code of Canada:

• ​​Fail to Remain (Ontario Highway Traffic Act): This provincial offence occurs when a driver involved in a collision does not stay at the scene, exchange information, or provide assistance. It is typically associated with less severe incidents.
• Failure to Stop (Criminal Code): This more serious charge applies when the accident involves significant harm or an intent to evade legal responsibility. It can lead to imprisonment, a permanent criminal record, and heavier penalties.

When Must You Report an Accident in Ontario?

You must report an accident in Ontario if it involves:

• Injuries or death: In the event of injuries or fatalities arising from an accident, it is crucial to report the incident immediately to the police. This must be done promptly, ensuring that you provide all required information as outlined under HTA Section 199(1) and (1.1). This information may be vital for legal and insurance purposes, so be thorough in your details.
• Property damage over $5,000: If the accident results in property damage exceeding $5,000, you are required to report the incident as soon as possible. If there are witnesses or participants present at the scene, you should report the incident without delay as specified by Ontario’s collision reporting guidelines. 
• Damage to highway property: It is imperative to report any damage to highway property, regardless of its value. This includes any damage to signs, barriers, or road surfaces that may affect public safety. 
• Government vehicles: If the accident involves a government vehicle, include this information in your report. Government vehicles are often subject to different regulations and processes, and reporting this detail ensures proper handling of the situation.
• No insurance: If the accident involves a driver who is operating a vehicle without insurance, report it. Driving without insurance is illegal and can have legal repercussions for the driver. 
• Criminal Act: If a criminal act occurs during the incident (impaired driving, driving under the influence (DUI), or other criminal behaviour), report it immediately. The involvement of criminal activity changes the nature of the incident and requires appropriate law enforcement intervention.
• Pedestrian: In cases where the accident involves a pedestrian, it is crucial to report the incident without delay. Pedestrian involvement significantly raises the stakes regarding safety and liability. 
• Damaged property: Any damage to private or municipal property caused by the accident must be reported. This includes damage to fences, traffic lights, or personal property. 

How Many Demerit Points for Failure to Report an Accident?

If you fail to report an accident, you will receive a penalty of 7 demerit points on your driving record.

Penalties for Failure to Report an Accident in Ontario

Penalties for failure to report an accident include:

• Fine: $200–$1,000 for a first offence, or $400–$2,000 for subsequent offences, plus victim surcharge and court costs.
• Demerit points: Minimum 7 points.
• Jail: Up to 6 months imprisonment, or both a fine and jail.
• Criminal record: If the situation escalates (e.g., if an injury is involved and the intent is to avoid liability), it may become a criminal offence under the Criminal Code.
• Drivers abstract: Conviction can be registered on the driving abstract for 3 years.

Why Do Drivers Fail to Report Accidents?

Here’s a breakdown of the reasons drivers may choose not to report an accident:

Legal Issues

• Driving under suspension: Drivers with a suspended licence might flee the scene of an accident to avoid facing further legal repercussions.
• Driving without insurance: Similarly, uninsured drivers may leave the scene to evade penalties for driving without insurance.
• Impairment: Drivers under the influence of alcohol or drugs may panic and flee to avoid DUI charges.
• Criminal charges: In accidents that result in serious injuries or fatalities, drivers may escape the scene to avoid potential criminal charges.

Lack of Knowledge or Awareness

• Not realizing an accident occurred: Sometimes, a driver may not be aware that an accident happened, especially in minor incidents like fender-benders.
• Underestimating damage: Drivers may underestimate the extent of damage to their vehicle or other property, leading them to believe that reporting is unnecessary.
• Confusion and panic: The stress and confusion following an accident can cause drivers to make poor decisions, including leaving the scene.

Fear of Insurance Consequences

• Increased premiums: Many drivers worry that reporting an accident will raise their insurance rates, even if they were not at fault.
• Policy cancellation: Some drivers fear that reporting an accident could result in their insurance policy being cancelled or not renewed.
• Potential for claims disputes: Drivers may be concerned about the complexities and potential disputes that can arise when filing a claim after an accident.

Other Factors

• Personal reasons: Drivers may have personal motivations for not wanting to report an accident, such as avoiding confrontation or embarrassment.
• Lack of understanding of reporting requirements: Some drivers may be unaware of the legal requirements for reporting accidents in their jurisdiction.

5 Steps to Take After an Accident in Ontario

To avoid failing to report charges, please follow these steps:

Step 1: Assess the Situation  

Begin by checking for any injuries among those involved and estimating the damage to the vehicles. If the damage appears to exceed $5,000 or if there are any injuries, it’s crucial to report the incident immediately.

Step 2: Call the Police if Necessary  

If there are injuries, dial 911 to ensure that medical assistance arrives quickly. For cases of property damage without injuries, reach out to the local non-emergency line.

Step 3: Exchange Information  

Be sure to exchange essential information with all parties involved, including your name, address, driver’s licence number, and insurance details. This step is vital for any future claims and for maintaining clear communication.

Step 4: Document Everything  

Take photos of the accident scene to capture evidence of the damage and surrounding circumstances. Additionally, make note of any witnesses who may provide valuable information, and consider filing a report at a police station within 24 hours.

Step 5: Contact JUSTICEJOLT  

If you find yourself facing charges related to the incident, make sure to visit our contact page for expert guidance on your defence options. Seeking legal assistance early can significantly impact the outcome of your case.

What Is Included In Police Reports For Car Accidents?

Typically, a police accident report includes the following information:

• Report number: A reference number assigned to the police accident report.
• Date and location: The specific date and location of the accident.
• Accident Details: Photos of damage, descriptions of the damage, and the type of accident.
• Driver details: Driver’s licences, insurance details, ownership information, and contact information for all drivers involved.
• Vehicles: Make and model of the vehicles involved in the accident.
• Witness statements: Accounts from witnesses and passengers regarding what they observed.
• Driver statement: A description of the events leading up to the accident from the driver’s perspective.
• Other: Any additional details relevant to the accident, such as road and weather conditions.

Common Defences for Failure to Report Charges

Proving Lack of Knowledge of Damage  

Establish that you were unaware of any injury or damage exceeding $5,000.

Demonstrating Incapacity  

Show that an injury prevented you from reporting the incident, and that you complied with reporting requirements as soon as possible.

Ensuring Timely Reporting  

Confirm that you reported the incident within the designated timeframe, such as within 24 hours for property damage.

Contesting Ticket Errors  

Highlight any inaccuracies in the charge details, as these can invalidate the ticket.

Defence of Duress  

Argue that you were compelled to violate the reporting requirement due to another person’s imminent threat or coercion. You must demonstrate that you had a reasonable belief that the threat was serious and that there were no reasonable alternatives.

Defence of Necessity  

Similar to duress, this defence asserts that you faced an urgent situation that left you with no reasonable option but to fail to report. This could include a medical emergency or other unavoidable circumstances.

Establishing Lack of Intent  

The prosecution must prove that you intentionally failed to report. You may present a good-faith accident defence if the failure was accidental or unintentional.

How JusticeJolt Defends Failure to Report Charges

At JUSTICEJOLT, we are Ontario’s trusted traffic law experts, specializing in defending against charges of failure to report an accident. Our services include:

• Case evaluation: We thoroughly review the details of your case to identify potential defences and work on strategies to reduce penalties.  
• Court representation: We represent you in court to protect your driving licence and safeguard your record.  
• Penalty reduction: We negotiate for lower fines, fewer points on your licence, or even the dismissal of charges.  

Don’t let a failure to report an accident charge affect your driving privileges. Contact us today for a consultation.