Last Updated: August 23 2026
What should I do if I received a charge for failing to report an accident in Ontario?
If you’re facing a “failure to report an accident” charge in Ontario, Garrett Legal Services can help a paralegal review your ticket, confirm whether the duty applied (injury or damage apparently exceeding $5,000), and build a defence focused on key issues like whether you were actually involved, whether you knew (or ought to have known) injuries occurred, whether the damage threshold was met, and whether you reported “forthwith” as required under Highway Traffic Act, R.S.O. 1990, c. H.8, [s. 199(1) and 199(1.1)]. In many cases, a fast, organized response and evidence review can make a meaningful difference before your matter proceeds, call (519) 857-5170 today to get started in Ontario.
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Understanding Failure to Report an Accident Concerns
After an accident, except for relatively minor incidents, the drivers involved in the accident are legally required to promptly report the accident to the police. If the drivers fail to report the accident to the police, the drivers may be charged for failing to do so.
Note: Please contact Garrett Legal Services by phone at: (519) 857-5170 to discuss any specific questions that you may have.
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 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:
[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.
NOTE: A significant number of online searches for “lawyers near me” or “top lawyer in” tend to highlight a desire for swift, capable legal assistance rather than a demand for a specific professional designation. In Ontario, licensed paralegals are governed by the same Law Society that regulates solicitors and are empowered to provide representation in certain designated litigation cases. Their core expertise encompasses advocacy, legal evaluation, and procedural competence. Garrett Legal Services offers legal services within its authorized scope, focusing on strategic case management, gathering of evidence, and compelling advocacy to secure prompt and favourable outcomes for clients.
