British Columbia Hit and Run Laws: Duties and Penalties

British Columbia Hit and Run Laws: Duties, Penalties, and ICBC Claims

In British Columbia, a driver involved in a collision must stop, exchange information, offer assistance to injured persons, and in certain circumstances report to police, under section 68 of the Motor Vehicle Act, RSBC 1996, c 318. Failure to stop when a person is injured or killed also constitutes a federal criminal offence under section 320.16 of the Criminal Code, RSC 1985, c C-46, carrying penalties that range up to life imprisonment.

Information last verified on 2026-06-07. This article has not yet been reviewed by a licensed lawyer.

Jurisdiction scope: This article addresses hit and run law in British Columbia, covering the provincial duty to stop under the Motor Vehicle Act, RSBC 1996, c 318, s 68; the federal criminal offence under the Criminal Code, RSC 1985, c C-46, s 320.16; and ICBC unidentified-motorist coverage under the Enhanced Care no-fault regime (in force May 2021). It does not address the law in other provinces; for the national framework, see the Canada hit and run laws hub.

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What must a driver do after a collision in BC?

Section 68 of the Motor Vehicle Act, RSBC 1996, c 318, sets out the provincial duties that apply to every driver involved in a collision on a British Columbia road. The driver must stop the vehicle as soon as possible without obstructing traffic, render all reasonable assistance, and on request provide their name and address, the name and address of the registered owner of the vehicle, the driver's licence number, the vehicle registration, and the insurance particulars. Where a person has been injured or killed and the other driver cannot be identified, the driver must report the accident to a peace officer as soon as reasonably possible. When injuries are involved, ICBC's guidance is to make the police report within 24 hours to protect access to hit and run coverage.

The duty is not limited to collisions with other vehicles. It extends to collisions with pedestrians, cyclists, and property. Where property is unattended, the driver must leave a note with contact information in a conspicuous place.

Provincial fines for failing to stop after colliding with another vehicle or a person are approximately $368; failure to stop after a collision with unattended property carries a fine of approximately $196 under BC's Offence Act ticketing schedule. A conviction for the provincial offence can also result in driver penalty points and a driving record entry.

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The federal criminal offence: Criminal Code section 320.16

The federal offence of failure to stop at the scene of an accident is codified in section 320.16 of the Criminal Code, RSC 1985, c C-46. This provision came into force on 18 December 2018 as part of SC 2018, c 21 (formerly Bill C-46, assented to 21 June 2018). It replaced the former section 252, which was repealed by s. 14 of the same Act.

Key accuracy note. Many guides still cite s. 252 as the operative provision. Section 252 now reads: "252 [Repealed, 2018, c. 21, s. 14]." Any article citing s. 252 as current law is out of date. The governing provision is s. 320.16.

Section 320.16(1) states that an offence is committed by a person who operates a conveyance and who, at the time of operating it, knows that, or is reckless as to whether, the conveyance has been involved in an accident with a person or another conveyance, and who fails, without reasonable excuse, to:

• stop the conveyance,
• give their name and address, and
• if any person has been injured or appears to require assistance, offer assistance.

The term "conveyance" is defined broadly in s. 320.11 to include a motor vehicle, a vessel, an aircraft, or railway equipment. This is a deliberate modernisation from the former s. 252 language.

The mens rea element. The Crown must prove that the accused knew, or was reckless as to whether, the conveyance was involved in an accident. The old s. 252(2) contained an evidentiary presumption that failing to stop was, in the absence of evidence to the contrary, proof of intent to escape civil or criminal liability. That presumption was repealed with s. 252 and does not carry forward into s. 320.16. The Crown cannot rely on the mere fact of departure as presumptive proof of guilty knowledge under the current law.

Three tiers of the offence. Section 320.16 escalates the seriousness of the charge depending on what the accused knew or was reckless about:

The penalty provisions are in ss. 320.19(5), 320.2, and 320.21 of the Criminal Code. The bodily-harm and death tiers carry mandatory minimums: first offence $1,000 fine; second offence 30 days imprisonment; subsequent offences 120 days imprisonment. A conviction under s. 320.16 produces a criminal record and can result in a driving prohibition.

The offence applies whether the accident involves another vehicle, a pedestrian, a cyclist, or other person. The duty to offer assistance triggers whenever a person "has been injured or appears to require assistance," and the defence of reasonable excuse is explicitly preserved in s. 320.16(1) but is a fact-specific question for the trier of fact.

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How provincial and federal charges interact

The Motor Vehicle Act offence and the Criminal Code offence are distinct legal proceedings. A single incident can give rise to both. The provincial offence is tried in BC Provincial Court under the Offence Act and results in a fine, driver penalty points, and a driving-record entry. The federal criminal charge is prosecuted under the Criminal Code and results in a potential criminal record, imprisonment, and a federal driving prohibition.

The Crown elects whether to proceed summarily or by indictment for s. 320.16(1) and s. 320.16(2). The death tier under s. 320.16(3) is straight indictable only. A person convicted of the provincial offence is not shielded from a subsequent criminal charge arising from the same incident, as the two proceedings address different elements and different legislative frameworks.

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ICBC and the Enhanced Care no-fault system

British Columbia operates under a public insurance model administered by ICBC (Insurance Corporation of British Columbia). Since 1 May 2021, ICBC's Enhanced Care no-fault system has been in force, replacing the former tort-based system for most accident-related injury claims.

Under Enhanced Care, drivers and passengers injured in a motor vehicle accident receive medical, rehabilitation, and income-replacement benefits directly from ICBC, regardless of fault and regardless of whether the at-fault driver is identified. This means that a BC resident injured in a hit and run does not need to identify the driver to access injury benefits. Enhanced Accident Benefits cover medical care, physiotherapy, chiropractic treatment, occupational therapy, counselling, and income replacement, with no overall dollar cap on coverage and no deductible on ICBC injury coverage arising from a hit and run.

Persons who are not BC residents but who are injured in a BC hit and run may also qualify for Enhanced Accident Benefits if they have no other source of coverage.

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ICBC hit and run coverage: vehicle and property damage

While injury coverage flows automatically under Enhanced Care, property damage from a hit and run is covered in one of two ways, depending on whether the driver carries Hit and Run coverage or Collision coverage on their Autoplan policy.

Non-vehicle property damage. All BC residents automatically receive up to $200,000 in coverage for non-vehicle property damage caused by an unidentified driver, such as a fence, bicycle, or personal items, provided they have no other source of coverage for that property. A $750 deductible applies. No separate endorsement is required.

Vehicle damage: Hit and Run coverage. This optional coverage pays up to $200,000 for repair or replacement of the insured vehicle when an unidentified driver is responsible. The deductible is $750. This coverage applies on BC highways; without it or Collision coverage, the driver bears the full cost of vehicle repairs from an unidentified-driver collision.

Vehicle damage: Collision coverage. An Autoplan policy that includes Collision coverage also responds to hit and run vehicle damage, subject to the policy deductible (as low as $300).

Premium protection. ICBC confirms that a hit and run claim does not affect the policyholder's insurance premium.

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Steps to take after a hit and run in BC

Taking the right steps promptly after a hit and run in British Columbia protects both the criminal investigation and any ICBC claim.

1. Stop and assess safety. Move vehicles out of the flow of traffic where possible and check for injuries.
2. Call 9-1-1. If injuries occurred or the other driver has fled, contact police immediately. Where there are injuries, ICBC requires a police report within 24 hours to validate a hit and run claim.
3. Gather evidence. Note the licence plate number, make, model, and colour of the departing vehicle. Record witness names and contact information. Take photographs of damage, skid marks, and the scene.
4. Report to police. Even where no injury occurred, a police report creates a record that supports your ICBC claim if the other driver cannot be identified.
5. Contact ICBC. File your hit and run claim with ICBC within six months of the incident. Claims filed after six months may not be processed.
6. Reasonable efforts to identify. ICBC may ask what efforts were made to identify the departing driver. Documenting plate numbers, witness contact, and any available surveillance footage supports the claim.

Watch out: If you are the driver who left the scene of an accident, even without realising the severity at the time, you remain subject to s. 320.16 of the Criminal Code and s. 68 of BC's Motor Vehicle Act. Returning to the scene or voluntarily reporting to police as soon as possible may be relevant to whether a "reasonable excuse" defence applies, but that is a question for a criminal lawyer in BC; it is not a guaranteed shield from prosecution.

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Where to learn more

For the national framework governing hit and run offences across all Canadian provinces and territories, including how public and private insurers handle unidentified-driver claims from BC to Newfoundland, see the Canada hit and run laws hub. For a comparison of hit and run laws across US states, see the US hit and run laws hub.

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Disclaimer

This article presents general legal information about hit and run laws in British Columbia and the applicable federal Criminal Code provisions. It is not legal advice and does not create a solicitor-client relationship. The law described reflects statutes in force as of 2026-06-07. Laws change; you should verify currency before relying on any provision. For advice about a specific incident, charge, or insurance claim, consult a lawyer licensed by the Law Society of British Columbia or a public adjuster familiar with ICBC claims processes.

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Authorities cited

1. Motor Vehicle Act, RSBC 1996, c 318, s 68 (duty of driver at accident). https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96318_00
2. Criminal Code, RSC 1985, c C-46, s 320.16 (failure to stop after accident). https://laws-lois.justice.gc.ca/eng/acts/C-46/section-320.16.html
3. Criminal Code, RSC 1985, c C-46, s 320.11 (definition of conveyance). https://laws-lois.justice.gc.ca/eng/acts/C-46/page-47.html
4. Criminal Code, RSC 1985, c C-46, s 320.19(5) (penalty, basic offence). https://laws-lois.justice.gc.ca/eng/acts/C-46/page-47.html
5. Criminal Code, RSC 1985, c C-46, s 320.2 (penalty, bodily harm). https://laws-lois.justice.gc.ca/eng/acts/C-46/page-47.html
6. Criminal Code, RSC 1985, c C-46, s 320.21 (penalty, death). https://laws-lois.justice.gc.ca/eng/acts/C-46/section-320.21.html
7. Criminal Code, RSC 1985, c C-46, s 252 (repealed SC 2018, c 21, s 14). https://laws-lois.justice.gc.ca/eng/acts/C-46/section-252.html
8. SC 2018, c 21: An Act to amend the Criminal Code (offences relating to conveyances), Royal Assent 2018-06-21, in force 2018-12-18. https://laws-lois.justice.gc.ca/eng/annualstatutes/2018_21/FullText.html
9. SC 2018, c 21 on CanLII. https://www.canlii.org/en/ca/laws/astat/sc-2018-c-21/latest/sc-2018-c-21.html
10. Justice Canada: Legislative Background, Bill C-46, Part VIII.1 overview. https://www.justice.gc.ca/eng/cj-jp/sidl-rlcfa/c46/p4.html
11. ICBC: Hit and run claims (police report within 24 hrs, six-month filing window, $200,000 non-vehicle property, Enhanced Care injury benefits). https://icbc.com/claims/repair-replace/Hit-and-run
12. ICBC: Hit and Run coverage product page ($200,000 vehicle coverage, $750 deductible). https://icbc.com/insurance/products-coverage/hit-and-run

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Related articles

• Canada hit and run laws: federal and provincial overview
• US hit and run laws by state

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Last updated: 2026-06-07. Statutes cited reflect their in-force version as of 2026-06-07.

Related Canadian Guides

• Canadian law by province and topic
• Hit and Run laws in Canada
• British Columbia Recording laws
• British Columbia Child Support laws
• British Columbia Slip and Fall laws

Frequently Asked Questions

What is the law for hit and run in British Columbia?

Two overlapping regimes apply. Provincially, section 68 of the Motor Vehicle Act, RSBC 1996, c 318, requires every driver involved in a collision to stop, exchange information, offer assistance, and report to police when the other driver cannot be identified or injuries occurred. Federally, Criminal Code s. 320.16 (in force 18 December 2018) makes it a criminal offence to fail to stop, give name and address, and offer assistance after an accident involving a conveyance.

What section of the Criminal Code covers hit and run in Canada?

Section 320.16, Part VIII.1 of the Criminal Code, RSC 1985, c C-46, enacted by SC 2018, c 21 and in force since 18 December 2018. The former section 252 was repealed by the same Act and no longer applies.

Does BC law still rely on the old Criminal Code s. 252 presumption?

No. Section 252 was repealed by SC 2018, c 21, s. 14. The evidentiary presumption in old s. 252(2) (that failing to stop was proof of intent to escape liability) was repealed along with the provision. Section 320.16 contains no equivalent presumption. The Crown must now prove knowledge or recklessness without the benefit of a statutory shortcut.

What are the penalties for hit and run in BC?

Provincially: a fine of approximately $368 for a collision with a vehicle or person, plus driver penalty points. Federally under Criminal Code s. 320.16: up to 10 years imprisonment for the basic offence (no injury); up to 14 years where bodily harm results; and up to life imprisonment where death results (straight indictable). Mandatory minimums of $1,000 (first offence) to 120 days imprisonment (subsequent offences) apply to the bodily harm and death tiers.

How long do I have to report a hit and run to ICBC?

ICBC requires that you report a hit and run claim no later than six months after the incident. Where injuries occurred, ICBC's guidance is to make the police report within 24 hours. Claims filed outside the six-month window may not be processed.

Does ICBC cover damage from an unidentified driver?

Yes, in two categories. For non-vehicle property damage (fences, bicycles, personal property), all BC residents are covered up to $200,000 with a $750 deductible and no separate endorsement required, provided they have no other source of coverage for that property. For vehicle damage, coverage requires either optional Hit and Run coverage (up to $200,000, $750 deductible) or Collision coverage. Injury coverage flows automatically under ICBC's Enhanced Care no-fault system with no overall cap and no deductible.

Do I need to identify the other driver to make an ICBC hit and run claim?

For injury benefits under Enhanced Care, no: benefits are payable regardless of whether the at-fault driver is identified. For vehicle and property damage claims, ICBC may ask about reasonable efforts made to identify the driver, including noting the plate number, colour, and make of the departing vehicle and contacting witnesses or police.

Will a hit and run claim affect my ICBC insurance premium?

No. ICBC confirms that a hit and run claim does not affect the policyholder's insurance premium, provided the other driver remains unidentified.

What is the difference between the provincial and federal hit and run offences in BC?

The provincial offence under Motor Vehicle Act s. 68 is a quasi-criminal (regulatory) offence resulting in a fine, driver penalty points, and a driving-record entry; it does not produce a criminal record. The federal offence under Criminal Code s. 320.16 is a true criminal charge; a conviction produces a criminal record and can result in imprisonment and a federal driving prohibition. A single incident can give rise to both proceedings.

Is hit and run a criminal offence in Canada?

Yes, when the driver knew or was reckless about being involved in an accident and failed to stop, give their name and address, or offer assistance. A conviction under Criminal Code s. 320.16 produces a criminal record. Property-damage-only collisions may sometimes be prosecuted as a provincial offence only, but the criminal charge remains available to the Crown in any case where the mens rea element is provable.