A Fail to Report Accident Ticket and it's Defences Are Often Misunderstood
While an Ontario driver’s duty to report an accident can be misunderstood, a conviction for failing to report an accident has many financial considerations on top of the MTO imposed demerit points. In addition, failing to report the accident may also have negative insurance consequences.
What is a Failure to Report Accident ticket?
Section 199(1) of the Ontario Highway Traffic Act creates a Fail to Report ticket, and the act stipulates the duty of any driver involved in an accident to furnish (report) the particulars of the accident to a peace officer forthwith.
With the above said, it is important to understand when you’re duty to report an accident is triggered as the act and regulation also stipulates that the apparent property damage sustained must exceed $2,000. If the property damage is minor and under the $2,000 threshold, you have 24 hours to report the collision to a collision center.
Fail to Report Accident Penalties:
Court-imposed penalties for a Fail to Report Accident ticket are as follows:
- a monetary fine not exceeding $1,000, plus surcharge and court costs.
Following an in court conviction for failing to report, the Ontario Ministry of Transportation (MTO) will then impose the following:
- three (3) demerit points will be applied to the Ontario Driver’s Licence; and/or
- the Ontario Driver’s Licence may be suspended for the accumulation of too many demerit points.
In addition to the court and MTO-imposed penalties following a conviction for failing to report, it is understood that your insurance premiums may drastically increase, or in the most severe of cases, your policy may be cancelled.
Fail to Report Accident Defences
Licensed Paralegal Mark Cardy has argued the following defences to a failure to report accident ticket:
- Prove It – Just because you didn’t report the accident doesn’t mean you’re guilty. The Crown prosecutor is always required to establish all elements of a fail to report ticket behind a reasonable doubt. In addition to any technical arguments, cases often revolve around the definition of “forthwith” and whether the defendant had a reasonable opportunity to report the accident
- Reasonable Mistaken Belief – On a balance of probabilities, if the defendant in a fail to report accident ticket can establish an honest and reasonable belief in a set of mistaken facts, it may make the action unenforceable. This is where an argument is made concerning whether the property damage exceeded the $2,000 threshold which would trigger the defendant’s duty to report the accident.