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Failure to Report an Accident:
Contrary to Section 199 of the Highway Traffic Act
Last Updated: August 23 2026
Question: If I didn’t report an accident “forthwith” in Ontario, what are my options to fight a failing to report an accident charge?
Answer: Pollock Paralegal can help you understand Ontario’s failure to report an accident rules and prepare a defence with a paralegal’s review of the police report, evidence, and timing so you can raise reasonable doubt on key elements like injury, damage appearing over $5,000, and whether you contacted police “forthwith”. In Ontario, an accident is reportable if there are injuries or property damage that reasonably appears to exceed $5,000 under Highway Traffic Act, R.S.O. 1990, c. H.8 (s. 199), and the prescribed threshold is set in O. Reg. 596/90 (s. 11). Possible outcomes include a fine up to $1,000 plus victim surcharge and 3 demerit points under Highway Traffic Act, R.S.O. 1990, c. H.8 (s. 214(1)). Call (519) 694-0363 to book a free 15-minute consult and discuss next steps for your Ontario Traffic Court matter.
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.
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:
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. 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 Defend Against a Failing to Report an Accident Charge
As shown by the law as cited and summarized above, the offence of failing to report an accident involves the failure to report the accident "forthwith" whenever injuries or damage exceeding five thousand ($5,000) dollars occurs. As such, among other things, to successfully defend against a failing to report an accident charge, such can be accomplished by raising a reasonable doubt that:
- The driver charged was actually involved in the alleged accident;
- The driver charged knew, or ought to know, that an injury occurred;
- The driver charged knew, or ought to know, that damage exceeded $5,000 in total value; or
- The driver charged failed to act "forthwith" in contacting the police.
Penalty
What Happens When a Driver Is Convicted of Failing to Report An Accident
The fine that applies upon conviction for violating section 199(1) or section 199(1.1) is prescribed within 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
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.
NOTE: A considerable amount of inquiries like “lawyers near me” or “top lawyer in” typically indicate a pressing requirement for effective legal guidance rather than a particular designation. In Ontario, licensed paralegals are monitored by the same Law Society that supervises lawyers and have the authority to assist clients in specified litigation cases. Skills in advocacy, legal strategy, and procedural expertise are fundamental to this function. Pollock Paralegal provides legal assistance within its authorized mandate, focusing on strategic planning, evidence preparation, and compelling advocacy designed to secure efficient and advantageous outcomes for clients.