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

Federal Criminal Code (Section 320.16)

In Ontario, leaving the scene of an accident is a criminal offense under Section 320.16 of the federal Criminal Code. This applies if you fail to stop your vehicle, give your name and address, and offer assistance to anyone involved.

Penalties under federal law 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.

Ontario Highway Traffic Act Requirements

Provincially, Section 200 of the Highway Traffic Act (HTA) governs the “Duty to Remain.” It states that where an accident occurs on a highway, every person in charge of a vehicle or street car that is directly or indirectly involved in the accident shall:

• Remain at or immediately return to the scene of the accident.
• Render all possible assistance.
• Upon request, give in writing to anyone sustaining loss or injury (or to a police officer) their name, address, driver’s licence number, and insurance information.

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

1. Stop Safely: Remain at the scene. If on a busy highway like the 401, move to the shoulder if safe.
2. Check for Injuries: Call 911 immediately if anyone is hurt.
3. Call Police: Call police if damages exceed $5,000 or if there are injuries/criminal activity (impairment).
4. Exchange Information: Swap names, addresses, license numbers, and insurance policy details with the other driver.
5. Collision Reporting Centre (CRC): In many Ontario cities, you must report minor accidents (no injury, drivable vehicles) to a CRC within 24 hours.
6. Document Everything: Take photos of damage, the scene, and the other car’s plate.
7. Do Not Admit Fault: Simply exchange facts. Apologizing can be used against you.
8. Notify Insurer: Call your insurance company to start a claim.
9. Seek Medical Care: Visit a doctor or hospital if you suspect any injury.
10. Consult a Lawyer: If charged with an offense or facing a complex claim, get legal advice.

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

• Summary Offense: Typically used for “fender benders” where no one was hurt and the driver has a clean record. It carries fines and shorter jail terms.
• Indictable Offense: The Canadian equivalent of a felony. Used for serious crashes involving injury, death, or repeat offenders. It carries significant prison time and a lifetime criminal record.

Hitting an Unattended Vehicle or Property

If you hit a parked car, fence, or other property, you cannot leave. The HTA requires you to:

• Locate the owner of the damaged property.
• If you cannot find the owner, you must report the accident to the nearest police officer or police station.
• Leaving a note is good practice, but you are legally required to report it if the damage exceeds the threshold or if you cannot find the owner to provide details directly.

Reporting Requirements and Deadlines

Ontario has the highest reporting threshold in Canada.

• Dollar Threshold: You must report an accident to the police if the combined damage to all vehicles and property exceeds $5,000.
• Injuries: Any accident resulting in injury or death must be reported immediately, regardless of damage value.
• Timeline: You must report “forthwith” (immediately). For property-damage-only crashes, police may direct you to a Collision Reporting Centre (CRC) within 24 hours.

Penalties and Demerit Points

License Suspension: A conviction for Fail to Remain can also result in a license suspension of up to 2 years.

Insurance Implications

Ontario uses a Direct Compensation – Property Damage (DCPD) system, meaning your own insurer pays for your car’s damage regardless of fault, provided you stay at the scene.

• If You Flee: You breach your policy. Your insurer may deny your claim for your own vehicle damage.
• Rate Increases: A hit and run conviction is a “major” conviction. Your premiums can increase by 100% or more, or you may be cancelled and forced to use the high-risk Facility Association.
• Unidentified Driver Coverage: If you are the victim of a hit and run, your own policy covers your damage (minus a $300 deductible usually), provided you report it to the police within 24 hours.

How is Fault Determined in Ontario?

Fault is determined strictly by the Fault Determination Rules (Regulation 668). These rules use diagrams to assign fault (0%, 50%, or 100%) without regard to weather or road conditions. Fleeing the scene is an offense, but fault for the crash itself is based on the mechanics of the collision (e.g., who changed lanes, who had the right of way).

Statute of Limitations for Civil Claims

Under Ontario’s Limitations Act, 2002:

• Basic Limitation Period: You generally have 2 years from the day the accident occurred to file a lawsuit for injury or property damage.
• Notice Period: For claims against municipalities (e.g., potholes causing an accident), you may have as little as 10 days to give written notice.

Evidence Needed for Conviction

To secure a conviction, the Crown Prosecutor must prove:

1. You were the person driving the vehicle.
2. You were involved in an accident.
3. You failed to stop, remain, and provide required information.

Police use surveillance cameras (common in Ontario cities), witness testimony, and forensic paint analysis to link a suspect vehicle to a scene.

Legal Defenses

• Unaware of Accident: You honestly did not know an impact occurred (e.g., extremely minor contact with a large truck).
• Identity: The prosecution cannot prove who was driving the car, only that the car was involved.
• Due Diligence: You stopped, looked, saw no damage, and left (this is risky but can be a defense).

Frequently Asked Questions

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