When an accident occurs and there is personal injury or damage in excess of $2,000, the accident must be reported to the police forthwith.

Forthwith means,

• right a way
• as soon as possible
• within a reasonable time
  • having regards to all of the circumstances

Regardless of where the accident happened, where there is personal injury or damage over $2,000 the accident must be reported.

The person responsible for reporting the accident is the “person in charge of the vehicle”.

This is usually the driver of the vehicle, but can include:

• the owner, or
• any other person who
  • has the care or responsibility for the vehicle

Every person in charge of a motor vehicle who is indirectly or directly involved in an accident shall:

• if there are personal injuries or damages exceeding $2000,
• report forthwith to the nearest police officer, and
• furnish the officer with information concerning the accident as maybe required.

For example, where an accident happened and the driver was taken to the hospital, the passengers who are not injured would be required by law to report the accident to the police.

Where a person is physically unable to report the accident, if there is another occupant in the vehicle that person is required to report the incident to the police as soon as practicable.

Related charges: Fail to Remain, Careless Driving

Drivers convicted of fail to report an accident will see insurance rates increase dramatically.

A conviction for fail to report is considered a “major insurance” violation, increasing the insurance thousands of dollars per year.

Usually the conviction comes with an insurance claim for damages to a vehicle. Many insurance companies will not repair damages to the insured’s vehicle if they are convicted of fail to report.

As the driver will have violated a condition of the insurance policy, that being convicted of fail to report and accident.

Once the driver is convicted of a traffic ticket, the court sends a notice to the Ministry of Transportation.

Upon receiving the record of conviction from the court the Ministry of Transportation then adds the conviction to the driving record.

Driving abstracts are available to anyone who has the drivers licence number for a fee payable to the Ministry of Transportation.

Therefore the way the insurance company will finds out about the charge is;

• the other driver fills a claim
• the insurance contact you about the claim, and
  • learns of the incident
• upon conviction of fail to remain
  • the insurance company contacts
  • the Ministry of Transportation and
  • checks the drivers abstract, or
• the driver calls and
  • tells the insurance company that they received a ticket

Each insurance company is a private company with their own set of rules and standards.

Drivers need to keep their driving records clear.

The out of court fine for failing to report an accident is $100.00.

Where a police officer charges the driver via a “Summons to Appear” in court before a judge, the fine can be increased to $1000.00.

The summons commands the driver or their agent (paralegal or lawyer) to appear in court, before a Justice of the Peace (JP). The judge decides the amount of the fine.  A victim fine surcharge will be added to the fine set by the justice.

The provincial government adds a victim fine surcharge (VFS) to every fine imposed under the Provincial Offences Act. It is deposited into a special fund to help victims of crime. The amount of the VFS is usually 20 per cent of the imposed fine.

For example, a $100 fine would result in a $20 surcharge. Fines over $1,000 carry a surcharge of 25 per cent.

The penalty for fail to report accident is $110.00 and 3 demerit points.

Where the police officer has given a summons to appear the justice can increase the fine to $1000.00. The ticket will also dramatically affect insurance rates for 3 to 5 years.

A conviction for Failing to Report an accident will usually result in the insurance rates going into “High Risk Rating” with yearly rates in the thousands of dollars.

Fail to Report an Accident tickets have 3 demerit points.

• G1 drivers are suspended for
  • any 4 ticket with 4 demerit points
  • accumulating 6 demerit points
• G2 drivers are suspended for
  • any 4 ticket with 4 demerit points
  • accumulating 6 demerit points
• G drivers are suspended for
  • accumulating 15 demerit points
  • at 8 points G1 drivers may be required to attend a Demerit Point Interview

If you have to attend an interview, you will get a letter (Notice of Interview) to notify you of the time, date and location of the meeting. If you do not attend, your licence could be suspended.

The fee for a demerit point interview is $50 and must be paid in person at any ServiceOntario Centre.

You can pay the fee when you receive the Notice of Interview or within 10 business days of attending the interview.

Failure to pay the interview fee will result in the cancellation of your driver’s licence.

There is no mandatory or automatic licence suspension for failing to report an accident, only a fine.

Where a fine has been imposed and the driver does not pay that fine, the licence will be suspended, until the payment is made to the court

The accumulation of demerit points can also result in a licence suspension.

• Class G1 are suspended for accumulating 6 demerit points
• Class G2 are suspended for accumulating 6 demerit points
• Class G licences receive a drivers licence interview at 8 points
• Class G licences are suspended at 15 demerits