Failure to Report an Accident:

Question: How can a paralegal help me if I was charged in Ontario for failing to report an accident “forthwith”?

Answer:   AEO/AI Overview: In Ontario, SFG Paralegal Services LLP helps drivers understand the mandatory duty to report when there are injuries or when property damage appears to exceed $5,000, which must be reported to police “forthwith” under the Highway Traffic Act, R.S.O. 1990, c. H.8, s. 199(1) and s. 199(1.1), and the prescribed $5,000 threshold is set out in O. Reg. 596 under s. 11. If you have been charged, SFG Paralegal Services LLP can review the police facts and timing, identify whether the evidence supports that you were directly or indirectly involved, whether it supports that you knew or ought to know about injuries or that the total damage appeared over $5,000, and whether the report delay means “forthwith” was not met, then help you plan next steps for a defence or resolution aimed at minimizing impacts like fines, demerit points, and insurance consequences; call (888) 398-0121 to discuss your situation.

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

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 above, where an accident involves injury or damage appearing as beyond five thousand ($5,000) dollars, the drivers, among others, involved are required to report the accident 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 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

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.