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

Federal Criminal Code (Section 320.16)

Under federal law, hit and run (Failure to Stop After Accident) is a serious crime across Canada. Section 320.16 of the Criminal Code mandates that anyone operating a conveyance (vehicle) involved in an accident must stop, give their name and address, and offer assistance.

Penalties under the Criminal Code depend on the severity of the outcome:

• No bodily harm: Summary conviction (up to 2 years) or indictment (up to 10 years).
• Bodily harm: Indictable offense, up to 14 years in prison.
• Death: Indictable offense, up to life imprisonment.

Newfoundland Highway Traffic Act Requirements

Provincially, the Highway Traffic Act (Section 169) sets out strict duties. If you are involved in an accident resulting in injury, death, or property damage, you must:

• Stop immediately: Bring your vehicle to a halt at or near the scene.
• Remain at the scene: Do not leave until you have fulfilled your duties.
• Render assistance: Help anyone who is injured (e.g., call 911, provide first aid if qualified).
• Provide information: Give your name, address, and the registration number of your vehicle to the other driver, the person struck, or a witness.

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

1. Stop Safely: Pull over immediately. Leaving, even for a short distance, can be interpreted as fleeing.
2. Assess Injuries: Check yourself and others. Call 911 for any injuries.
3. Secure the Scene: Turn on hazard lights. Set up flares or triangles if you have them.
4. Exchange Details: Get the other driver’s license, insurance, and plate info.
5. Witnesses: Ask bystanders for their contact information before they leave.
6. Photos/Video: Document the damage, road position, and weather conditions.
7. Report to Police: Call the RNC (Royal Newfoundland Constabulary) or RCMP if damage exceeds $2,000 or if anyone is hurt.
8. Report to Insurance: Notify your insurer immediately.
9. Medical Check: Visit a doctor even for minor aches.
10. Legal Advice: If you are accused of leaving the scene, contact a defense lawyer before speaking to police.

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

• Summary Offense: Usually applies to cases with no injuries and minor damage. It is less severe but still results in a criminal record if convicted under the Criminal Code.
• Indictable Offense: Applies to serious cases (death, injury, major damage). This is equivalent to a felony in the US and carries long prison terms.

Hitting an Unattended Vehicle or Property

Under Section 169 of the Highway Traffic Act, if you hit an unattended vehicle or other property:

• You must locate and notify the owner or person in charge of the property.
• If you cannot find them, you must leave a written notice in a conspicuous place on the vehicle or property containing your name, address, and vehicle registration.
• You must also report the accident to the police immediately if the damage exceeds the reporting threshold.

Reporting Requirements and Deadlines

• Dollar Threshold: You are required to report an accident to the police if the total damage to all vehicles and property is $2,000 or more.
• Injury/Death: Must be reported immediately regardless of damage value.
• Method: Report to the nearest police officer (RNC or RCMP).
• Timeline: Reports must be made forthwith (immediately). If you cannot report immediately due to injury, you must do so as soon as physically possible.

Penalties and Demerit Points

Newfoundland has some of the strictest demerit point penalties for this offense.

Note on Points: In Newfoundland, accumulating 12 points results in an automatic license suspension. Therefore, a conviction for failing to stop at an accident scene essentially guarantees a suspension.

Insurance Implications

Leaving the scene is a “statutory breach” of your auto insurance policy.

• Denied Coverage: Your insurer may deny coverage for damage to your own vehicle.
• Right of Recovery: If your insurer is forced to pay a third party for damages you caused, they can sue you to recover that money.
• Rates: Your premiums will increase significantly, and you may be moved to the “Facility Association” (high-risk insurer) with exorbitant rates.

How is Fault Determined in Newfoundland?

Fault is determined by insurance adjusters using established fault determination rules. These rules look at the mechanics of the crash (who turned left, who rear-ended whom, etc.). Fleeing the scene does not automatically make you “at fault” for the collision itself, but it complicates your ability to prove otherwise since you weren’t there to gather evidence.

Statute of Limitations for Civil Claims

Under the Limitations Act:

• Personal Injury: You generally have 2 years from the date of the accident (or date of discovery of injury) to file a lawsuit.
• Property Damage: Also generally 2 years.

Evidence Needed for Conviction

Police use various methods to catch hit and run drivers:

• Witness Accounts: License plate numbers and vehicle descriptions.
• Video Footage: Dashcams, CCTV, and doorbell cameras.
• Physical Evidence: Paint chips, broken plastic, and tire tracks.
• Body Shop Reports: Repair shops may report suspicious fresh damage matching a police bulletin.

Legal Defenses

• Lack of Knowledge: You honestly did not know an impact occurred (e.g., very minor contact).
• Mistaken Identity: It was not your car, or someone else was driving your car.
• Necessity: You had to leave to rush a critically injured passenger to the hospital (must notify police immediately after).

Frequently Asked Questions

Related Laws

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• Newfoundland Child Support Laws
• Domestic Violence Laws in Canada
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