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

Federal Criminal Code (Section 320.16)

In Nova Scotia, leaving the scene of an accident is a crime under the federal Criminal Code of Canada. Section 320.16 makes it an offense to fail to stop, give your name and address, and offer assistance if you are involved in an accident.

Penalties are severe and apply across the country:

• Summary conviction: Maximum 2 years less a day imprisonment.
• Indictable offense: Maximum 10 years imprisonment for standard hit and run.
• Bodily harm: Maximum 14 years imprisonment.
• Death: Maximum life imprisonment.

Nova Scotia Motor Vehicle Act Requirements

Under Section 97 of the Nova Scotia Motor Vehicle 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.

Your legal duties include:

• Giving your name, address, and the registration number of your vehicle.
• Exhibiting your driver’s license to the person struck or the driver/occupant of any vehicle collided with.
• Rendering reasonable assistance to any person injured in the accident, including carrying them to a physician or surgeon if it is apparent that treatment is necessary or is requested by the injured person.

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

1. Halt Immediately: Stop your car as close to the scene as possible without obstructing traffic more than necessary.
2. Check for Safety: Determine if anyone needs medical help. Call 911 for injuries.
3. Call Police: In Nova Scotia, you must call police if damage exceeds $2,000 or anyone is injured.
4. Exchange Info: Provide your name, address, license number, plate number, and insurance details to the other party.
5. Gather Evidence: Take clear photos of the damage, the road, and the position of vehicles.
6. Identify Witnesses: Get names and phone numbers of bystanders.
7. Report to Insurer: Call your insurance provider to open a claim file.
8. Seek Medical Attention: See a doctor even if you feel fine, as adrenaline can mask injuries.
9. Legal Counsel: If charged with an offense, speak to a lawyer before making statements.

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

• Summary Offense: Typically for less serious cases involving only property damage or minor circumstances. It carries lower fines and jail terms but still results in a criminal record.
• Indictable Offense: Reserved for serious cases involving bodily harm, death, or major reckless behavior. This is the equivalent of a “felony” and carries heavy prison time.

Hitting an Unattended Vehicle or Property

If you strike a parked car or property (like a mailbox or guardrail) and the owner is not present, Section 97 requires you to:

• Locate and notify the owner or person in charge of the property.
• If the owner cannot be found, leave a written notice in a conspicuous place on the vehicle or property containing your name, address, and vehicle registration number.
• Report the accident to the nearest police department or RCMP detachment if damage exceeds the reporting threshold.

Reporting Requirements and Deadlines

Nova Scotia increased its reporting threshold in recent years to reflect modern repair costs.

• Dollar Threshold: You must report an accident to police if the total damage to all property is $2,000 or more.
• Injuries: Any accident involving injury or death must be reported immediately.
• Timeline: You must report the accident within 24 hours to the nearest police chief or RCMP detachment.

Penalties and Demerit Points

Note: A conviction for failing to stop generally results in a license suspension. For new drivers (Graduated License), 6 points can trigger an automatic suspension.

Insurance Implications

If you flee the scene, you breach your insurance contract.

• No Coverage for You: Your insurer can deny your claim for damage to your own vehicle.
• Liability Recovery: The insurer must pay third-party claims up to $200,000 (minimum limits) but can sue you to recover every dollar they pay out.
• Higher Rates: A major conviction like hit and run will cause your premiums to skyrocket, often forcing you into the high-risk “Facility” market.

How is Fault Determined in Nova Scotia?

Nova Scotia uses Fault Determination Rules to assign responsibility for accidents. These are standard scenarios (e.g., rear-end collision = 100% fault to the rear driver). Fleeing the scene is a separate issue from fault, but it reflects poorly on your credibility and may make it harder to dispute the other driver’s version of events.

Statute of Limitations for Civil Claims

Under Nova Scotia’s Limitation of Actions Act:

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

Exceptions exist (e.g., for minors), but you should assume the 2-year clock is ticking.

Evidence Needed for Conviction

The prosecution must prove beyond a reasonable doubt that:

1. You were driving the vehicle.
2. You knew an accident occurred (or were willfully blind to it).
3. You failed to stop, give info, or assist.

Common evidence includes dashcam video, bystander cell phone video, debris matching your car, and admissions made to police.

Legal Defenses

• Unaware of Collision: You didn’t realize you hit anything (e.g., very light contact in a noisy environment).
• Involuntary Action: You were injured or unconscious and couldn’t stop.
• Not the Driver: Someone else was driving your car (e.g., it was stolen).

Frequently Asked Questions

Related Laws

• Canada Recording Laws
• Nova Scotia Child Support Laws
• Domestic Violence Laws in Canada
• Canada Slip and Fall Laws