Prince Edward Island Hit and Run Laws: Penalties, Reporting & Insurance (2026)

Leaving the scene of an accident in Prince Edward Island is a serious offense that carries severe legal and financial consequences. Whether the incident occurs on a busy Charlottetown street or a rural highway, the law requires you to stop, provide information, and offer assistance. Failure to do so can lead to charges under both the provincial Highway Traffic Act and the federal Criminal Code of Canada.

This guide covers the 2026 laws regarding hit and run offenses in PEI, outlining your obligations, the penalties for non-compliance, and how insurance claims are handled under the province’s specific regulations.

Federal Criminal Code Section 320.16

The most serious hit and run offenses in PEI are prosecuted under the federal Criminal Code of Canada. Section 320.16 applies across all provinces and sets the national standard for failing to stop at an accident scene.

Section 320.16 (1) states that everyone commits an offense who operates a conveyance (vehicle) and, knowing that, or being reckless as to whether, the conveyance has been involved in an accident with another person or another conveyance:

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

The penalties under the Criminal Code are severe depending on the outcome of the accident:

• Failure to stop (no injury): Up to 10 years in prison (indictable offense).
• Failure to stop causing bodily harm: Up to 14 years in prison.
• Failure to stop causing death: Up to life imprisonment.

PEI Highway Traffic Act Requirements

While the Criminal Code covers serious criminal negligence, the Prince Edward Island Highway Traffic Act (R.S.P.E.I. 1988, c. H-5) outlines the specific administrative duties of drivers involved in accidents. Charges under this Act are regulatory offenses rather than criminal ones, but they still carry significant fines and demerit points.

Under the Act, any driver involved in an accident directly or indirectly must:

1. Remain at or immediately return to the scene of the accident.
2. Render all reasonable assistance to any person involved.
3. Produce their driver’s license, motor vehicle liability insurance card, and vehicle registration to any police officer or person sustaining loss or injury.

These requirements apply regardless of who is at fault for the collision. Fleeing the scene to avoid liability or because of panic is not a valid excuse and will likely result in harsher penalties.

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

If you are involved in a collision in PEI, following these steps can protect you from legal liability and ensure the safety of everyone involved:

1. Stop Immediately: Bring your vehicle to a stop as close to the scene as possible without obstructing traffic more than necessary.
2. Check for Injuries: Determine if anyone requires medical attention. Call 911 immediately if there are injuries.
3. Secure the Scene: Turn on your hazard lights. If safe, set up emergency triangles or flares.
4. Exchange Information: Provide your name, address, phone number, driver’s license number, and insurance details to the other driver(s). Obtain the same from them.
5. Identify Witnesses: If there are witnesses, ask for their names and contact information.
6. Document the Damage: Take clear photos of the vehicles, license plates, road conditions, and any property damage.
7. Report to Police: If damages exceed $2,000 or if there is any injury, you must report the accident to the police immediately.
8. Notify Your Insurer: Contact your insurance provider as soon as possible to start the claims process.
9. Seek Medical Care: Even if you feel fine, some injuries appear hours or days later.
10. Consult a Lawyer: If you are charged with an offense or face a complex liability dispute, seek legal counsel.

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

In Canada, criminal offenses are classified as summary (less serious) or indictable (more serious). The Crown prosecutor decides how to proceed based on the severity of the incident.

• Summary Conviction: Typically used for minor hit and run incidents with no injuries and minimal property damage. Penalties may include fines up to $5,000 and shorter jail terms (up to 2 years less a day).
• Indictable Offense: Reserved for serious cases involving bodily harm, death, or significant recklessness. This carries potential prison sentences ranging from 10 years to life.

Hybrid offenses allow the prosecutor to choose either mode. Most simple “failure to stop” charges under the Criminal Code are treated as hybrid offenses.

Hitting an Unattended Vehicle or Property

Colliding with a parked car or property (like a fence or mailbox) requires specific actions even if the owner is not present. Under PEI law, you cannot simply drive away.

You must take reasonable steps to locate and notify the owner of the vehicle or property. If the owner cannot be found, you should leave a written note in a conspicuous place on the damaged vehicle or property. The note must include:

• Your name and address.
• Your driver’s license number.
• The vehicle registration number.

You must also report the incident to the nearest police station if the damage exceeds the provincial reporting threshold.

Reporting Requirements and Deadlines

In Prince Edward Island, the threshold for reporting an accident to the police is relatively strict.

• Injury or Death: Must be reported immediately to the nearest police officer or RCMP detachment.
• Property Damage: If the total damage to all vehicles and property appears to exceed $2,000, you must report it immediately.

If you are physically incapable of reporting at the scene (due to injury), you must report as soon as you are able. If you are a passenger in a vehicle where the driver is incapacitated, the duty to report may fall to you.

Failure to report an accident is a separate offense from failing to stop, though they are often charged together in hit and run cases.

Penalties and Demerit Points

The penalties for leaving the scene of an accident in PEI vary depending on whether you are charged under the provincial act or the federal criminal code.

Insurance Implications

PEI operates under a “Direct Compensation – Property Damage” (DCPD) system. This means that after an accident, you generally deal with your own insurance company for vehicle repairs, regardless of who was at fault.

However, hit and run scenarios complicate this:

• Identified Driver: If you can identify the other driver (via license plate or witnesses), your DCPD coverage applies.
• Unidentified Driver: If the other driver flees and cannot be found, you cannot claim under DCPD. Instead, you must claim under the “Uninsured Automobile” portion of your policy. This often carries a deductible that DCPD might not.

If you are the one who flees the scene:

• Your insurance policy may be voided for the incident.
• Your insurer may refuse to pay for your vehicle’s damage.
• Your premiums will likely increase drastically (often 100% or more) upon renewal.
• You may be labeled a “high-risk driver” and forced to seek insurance through the Facility Association at much higher rates.

How is Fault Determined in PEI?

Fault in PEI is determined according to the Fault Determination Rules used by insurance companies. These rules use diagrams and scenarios to assign percentage of fault (0%, 50%, or 100%) to each driver.

In a hit and run, if the fleeing driver is never found, the remaining driver is technically “not at fault” for insurance rating purposes, provided they report the incident to the police. However, without an identified third party, the claim is processed differently (as mentioned in the Insurance section above).

Statute of Limitations for Civil Claims

If you are a victim seeking compensation for injuries or damages, you must file your lawsuit within specific time limits:

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

It is crucial to consult with a lawyer well before these deadlines expire. Missing the limitation period typically bars you from ever recovering compensation.

Evidence Needed for Conviction

To secure a conviction for leaving the scene, the Crown prosecutor must prove several elements beyond a reasonable doubt:

1. Identity: You were the person driving the vehicle.
2. Knowledge: You knew (or were reckless to the fact) that an accident occurred.
3. Action: You failed to stop, give assistance, or provide information.
4. Intent: In criminal cases, there is often an element of intent to escape liability.

Common evidence used includes dashcam footage, surveillance video from nearby businesses, witness testimony, paint transfer analysis, and vehicle damage matching.

Legal Defenses

Several defenses may be available depending on the circumstances:

• Lack of Knowledge: You genuinely did not know an impact occurred (e.g., a very minor scrape with a large truck).
• Mistaken Identity: You were not the driver of the vehicle at the time.
• Involuntary Action: You suffered a medical emergency that prevented you from stopping safely.
• Safety Concerns: You did not stop immediately because it was unsafe (e.g., dark, deserted road with aggressive behavior from the other driver), but you reported it to police immediately after reaching safety.

Frequently Asked Questions

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