New Brunswick Hit and Run Laws: Duties, Penalties, and Insurance (2026)

Federal Criminal Code (Section 320.16)

In New Brunswick, as in all of Canada, leaving the scene of an accident is a serious criminal offense. Section 320.16(1) of the Criminal Code of Canada makes it illegal to fail to stop your vehicle, give your name and address, and offer assistance if you are involved in an accident.

This federal statute applies regardless of who was at fault. The Crown prosecutor can proceed by summary conviction (less serious) or indictment (more serious). Penalties include:

• Summary conviction: Maximum 2 years less a day imprisonment.
• Indictable offense: Maximum 10 years imprisonment.
• Bodily harm involved: Maximum 14 years imprisonment.
• Death involved: Maximum life imprisonment.

New Brunswick Motor Vehicle Act Requirements

Aside from the federal Criminal Code, New Brunswick’s Motor Vehicle Act (Chapter M-17) imposes specific duties on drivers. Under the Act, the driver of any vehicle involved in an accident resulting in injury, death, or damage to property must immediately stop the vehicle at the scene of the accident.

You are required to:

• Give your name, address, and the registration number of your vehicle.
• Exhibit your driver’s license to the person struck or the driver or occupant of any vehicle collided with.
• Render reasonable assistance to any person injured in the accident, including carrying them to a physician or surgeon if needed.

What to Do After an Accident (Step-by-Step)

1. Stop Immediately: Never leave the scene. If you blocked traffic, move to the shoulder if safe and legal, but do not leave the area.
2. Check for Injuries: Call 911 immediately if anyone is hurt.
3. Call the Police: In New Brunswick, you must report accidents involving injury or damage exceeding $1,000.
4. Exchange Information: Get the other driver’s name, address, phone number, license plate, driver’s license number, and insurance policy number.
5. Document the Scene: Take photos of vehicle damage, skid marks, road conditions, and traffic signs.
6. Find Witnesses: Get names and contact info for anyone who saw the crash.
7. Do Not Admit Fault: Be polite but do not say “I’m sorry” or “It was my mistake” at the scene.
8. Notify Your Insurer: Report the accident to your insurance company as soon as possible.
9. Seek Medical Care: Some injuries (like whiplash) appear hours or days later.
10. Consult a Lawyer: If you are charged with hit and run or face a lawsuit, get legal advice immediately.

When is a Hit and Run a Summary vs. Indictable Offense?

The distinction often depends on the severity of the incident and the prosecutor’s choice:

• Summary Offense: Typically reserved for minor property damage cases or first offenses where no one was hurt. Penalties are lighter (fines, shorter jail time).
• Indictable Offense: Used for serious cases involving bodily harm, death, or significant recklessness. This carries severe prison sentences and a permanent criminal record.

Hitting an Unattended Vehicle or Property

If you hit a parked car or other property (like a fence or sign) in New Brunswick, you cannot simply drive away. The Motor Vehicle Act requires you to:

• Locate and notify the operator or owner of the vehicle or property.
• If the owner cannot be found, you must leave a written notice in a conspicuous place on the vehicle or property containing your name, address, and the registration number of the vehicle you were driving.
• Report the accident to the nearest police officer or police station without delay.

Reporting Requirements and Deadlines

New Brunswick has strict reporting thresholds compared to some other provinces.

• Dollar Threshold: You must report any accident where the total damage to all vehicles and property appears to exceed $1,000.
• Injuries: Any accident resulting in injury or death must be reported immediately.
• Timeline: Reports must be made “immediately” by the quickest means of communication available to the nearest police officer or RCMP detachment.

Penalties and Demerit Points

Insurance Implications

New Brunswick operates under a system that includes “no-fault” Section B benefits for medical expenses and lost income, but also allows you to sue at-fault drivers for pain and suffering (subject to a cap for minor injuries). If you flee the scene:

• Your insurance policy may be voided for collision coverage (you pay for your own repairs).
• Your premiums will likely increase dramatically (often 50-100%).
• You may be personally liable for damages to the other party if your insurer denies the claim due to your criminal act.

How is Fault Determined in New Brunswick?

Fault is determined based on the “Fault Determination Rules” used by insurance companies. These rules use diagrams to assign 0%, 50%, or 100% fault to drivers based on the accident scenario. Even if you are not at fault for the collision, leaving the scene is a separate offense that carries its own penalties.

Statute of Limitations for Civil Claims

Under New Brunswick’s Limitation of Actions Act:

• Personal Injury: Generally 2 years from the date of the accident.
• Property Damage: Generally 2 years.

It is critical to file a claim within this window, or you may lose your right to sue.

Evidence Needed for Conviction

To convict you of hit and run, the Crown must prove:

1. You were driving the vehicle.
2. You were involved in an accident.
3. You knew (or was reckless to the fact) that an accident occurred.
4. You failed to stop, remain, and offer assistance/information.

Evidence often includes surveillance video, eyewitness testimony, paint transfer analysis, and vehicle damage matching.

Legal Defenses

• Unaware of Accident: You genuinely did not know you hit anything (e.g., a very minor scrape with a large truck).
• Duress/Safety: You fled because you reasonably feared for your safety (e.g., road rage) and drove directly to the police station.
• Identity Issues: The prosecution cannot prove you were the one driving the vehicle at the time.

Frequently Asked Questions

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