The aftermath of a car accident can be stressful, but it becomes even more complicated when the other driver flees the scene. A hit-and-run accident, also known as failing to remain at the scene, is a serious offence in Ontario, Canada. This guide will equip you with the knowledge you need to navigate the aftermath of a hit-and-run accident in Ontario, focusing on essential steps to take, potential consequences for the at-fault driver, and resources to help you through the process.
What is a Hit-and-Run Accident (Fail to Remain)?
Under Ontario’s Highway Traffic Act (HTA) and Criminal Code, every driver involved in a collision, regardless of fault, is legally obligated to:
- Stop their vehicle immediately.
- Remain at the scene until they have exchanged information with all involved parties. This includes names, contact details, driver’s license numbers, and insurance information.
- Provide assistance to any injured person(s).
- Report the accident to the police if there are injuries or significant property damage.
Leaving the scene of an accident constitutes a hit-and-run offence.
What to Do After a Hit-and-Run Accident in Ontario
If you’re the victim of a hit-and-run accident in Ontario, staying calm and taking the following steps is crucial:
- Ensure Safety: If possible, move your vehicle to a safe location off the road. Turn on your hazard lights and activate your parking brake.
- Check for Injuries: Assess yourself and any passengers for injuries. Call 911 immediately if anyone requires medical attention.
- Secure the Scene: If possible, take pictures of the scene from various angles, including the damage to your vehicle, skid marks, debris, and any traffic signals.
- Gather Information: Try to remember details about the other vehicle, such as its make, model, colour, license plate number (even partial numbers can be helpful), and any unique features.
- Report the Accident: Call 911 to report the hit-and-run accident. Provide the police with as much detail as possible about the incident and the at-fault vehicle.
- Contact Your Insurance Company: As soon as possible, contact your insurance company to report the accident. They will advise you on next steps and guide you through the claims process.
What are the Penalties for Hit-and-Run in Ontario?
Hit-and-run accidents can be charged under two different laws in Ontario:
- Highway Traffic Act (HTA): This is considered a traffic violation and carries the following potential penalties:
- Fines: $200 to $2,000
- Driver’s License Suspension: Up to 2 years
- Demerit Points: 7 demerit points added to your license
- Criminal Code of Canada: This applies in cases with serious injuries or fatalities. Penalties can be more severe, including:
- Jail Time: Up to ten years
- Criminal Record
What Can You Do if the Hit-and-Run Driver is Not Found?
Unfortunately, finding the driver responsible for a hit-and-run accident isn’t always guaranteed. However, there are still steps you can take to minimize the impact on you:
- Uninsured Motorist Coverage: If you have uninsured motorist coverage on your insurance policy, it may help cover the cost of repairs or medical expenses if the driver remains unidentified.
- The Automobile Protection Association (APA): The APA is a non-profit organization in Ontario that can provide assistance to victims of hit-and-run accidents, even without uninsured motorist coverage.
Additional Resources
- Ontario Provincial Police (OPP): https://www.opp.ca/
- Financial Services Commission of Ontario (FSCO): https://www.fsrao.ca/
- The Automobile Protection Association (APA): https://www.apa.ca/en/
Remember:
- Staying calm and taking immediate action after a hit-and-run accident is crucial.
- Reporting the accident to the police and your insurance company are essential steps.
- Even if the driver isn’t found, explore options like uninsured motorist coverage or seeking assistance from the APA.
By understanding your rights and responsibilities, and by utilizing available resources, you can navigate the aftermath of a hit-and-run accident in Ontario with a greater sense of control and a higher chance of recovering damages.
