Quebec Hit-and-Run Laws: Criminal Code & SAAQ Rights

Quebec Hit-and-Run Laws: What Every Driver and Victim Needs to Know

A hit-and-run collision in Quebec triggers obligations under two distinct legal regimes at the same time. The federal Criminal Code imposes the most serious consequences: criminal charges, a permanent record, and potential imprisonment. The provincial Highway Safety Code adds its own duties and penalties that apply whether or not the criminal threshold is met. Understanding both layers is essential whether you are a driver trying to meet your obligations at an accident scene or a victim trying to get compensated after a fleeing driver leaves you behind.

This guide covers all of it: the criminal law, the provincial traffic law, and the practical roadmap for SAAQ compensation that makes Quebec's system uniquely protective of accident victims.

The Federal Criminal Offence: Criminal Code s. 320.16

Every hit-and-run offence in Canada, including Quebec, begins at the federal level. The governing provision is s. 320.16 of the Criminal Code, RSC 1985, c C-46, which came into force on 18 December 2018 as part of SC 2018, c. 21 (formerly Bill C-46). It replaced the former s. 252 (failure to stop at scene of accident), which was repealed by s. 14 of the same Act.

Section 320.16 creates three tiers of liability based on the severity of harm:

Basic offence (s. 320.16(1)): A driver commits an offence if they know, or are reckless as to whether, their conveyance has been involved in an accident with a person or another conveyance and they fail, without reasonable excuse, to stop, give their name and address, and offer assistance if anyone is injured or appears to need help. This is a hybrid offence: prosecuted summarily or by indictment at the Crown's election.

Bodily harm (s. 320.16(2)): The offence is elevated where the driver knew or was reckless as to whether the accident caused bodily harm to another person. The maximum penalty on indictment rises to 14 years imprisonment.

Death (s. 320.16(3)): The most serious form applies where the driver knew or was reckless as to whether the accident caused the death of another person, or bodily harm leading to death. This is a straight indictable offence with a maximum of life imprisonment.

Penalties at a Glance

A criminal conviction under s. 320.16 results in a permanent criminal record. It also feeds into the provincial demerit point system and can trigger a Quebec licence suspension.

The Repealed Presumption: Why It Matters

Older Canadian legal guides sometimes still reference s. 252(2) of the Criminal Code and a presumption that failing to stop was, in the absence of contrary evidence, proof of intent to escape civil or criminal liability. That provision was repealed when s. 252 was replaced by s. 320.16. The current offence is built on knowledge or recklessness as the required mens rea element. There is no statutory presumption of guilt in s. 320.16. The Crown must prove that the driver knew, or was reckless as to whether, the conveyance was involved in an accident. A driver who genuinely did not know an accident had occurred is not automatically guilty under the current law, though proving that will require credible evidence.

"Conveyance" Is Broader Than "Motor Vehicle"

Section 320.11 of the Criminal Code defines "conveyance" to include a motor vehicle, vessel, aircraft, or railway equipment. Section 320.16 therefore applies to collisions involving any of these, not only cars and trucks.

Reasonable Excuse

Section 320.16(1) expressly includes a "reasonable excuse" defence. What counts is fact-specific, but courts have accepted genuine medical emergencies where the driver required immediate hospital care. Fear of violence at the scene has been considered in some contexts. The bar is high, and the burden to raise the defence falls on the accused.

Provincial Law: The Highway Safety Code

Quebec's Highway Safety Code (Code de la securite routiere), CQLR c C-24.2, governs conduct on Quebec roads independently of the Criminal Code. Section 168 of the Highway Safety Code sets out the provincial duty on a driver involved in an accident: the driver must stop, remain at the scene, render assistance to any injured person, and exchange identity and insurance information with others involved in the collision.

Leaving the scene without complying with these obligations is a provincial offence distinct from the criminal charge. Provincial penalties include fines and demerit points recorded against the driver's Quebec licence. A driver can face both a provincial charge under the Highway Safety Code and a federal criminal charge under s. 320.16 for the same incident. The two proceedings are separate, and an acquittal or guilty plea in one does not automatically resolve the other.

Reporting to Police: The 48-Hour Rule

When a collision involves an unidentified driver and you intend to claim property damage compensation from SAAQ, you must report the hit-and-run to police within 48 hours of the incident. This 48-hour deadline is a hard requirement for SAAQ property damage eligibility, not just a best practice. Filing a report promptly also creates the paper trail that investigators need to identify the offending driver.

For collisions involving injury, death, or significant property damage, the duty to report to police is immediate and not conditional on a compensation claim.

SAAQ: Quebec's Unique No-Fault Bodily Injury System

Quebec's most significant departure from other Canadian provinces is its public automobile insurance plan, administered by the SAAQ (Societe de l'assurance automobile du Quebec). Bodily injury compensation is no-fault and universal. Every person injured in a traffic accident on a Quebec road is entitled to SAAQ compensation regardless of who caused the accident. This includes victims struck by drivers who flee the scene and are never identified.

What "No-Fault" Means in Practice

In a fault-based system, a victim of a hit-and-run by an unidentified driver faces a serious practical problem: there is no defendant to sue. In Quebec, that problem does not arise for bodily injury. The victim files directly with SAAQ. Fault, negligence, and the identity of the at-fault driver are irrelevant to the bodily injury claim. The SAAQ steps in as the compensating body regardless of whether the other driver is ever found.

This is a meaningful protection for hit-and-run victims. A pedestrian knocked down by a driver who speeds away, or a cyclist struck at night with no witnesses, has the same entitlement to SAAQ bodily injury benefits as if the driver had stopped and been fully insured.

What SAAQ Covers for Bodily Injury

SAAQ bodily injury benefits include a broad range of indemnities and services:

Income replacement: If the injury prevents you from working, SAAQ provides replacement income based on your earnings, subject to the plan's formulas and maximums.

Medical and rehabilitation costs: Healthcare, medication, medical supplies, rehabilitation services, and occupational reintegration programs are covered.

Personal assistance and home adaptation: If the injury requires home care assistance or modifications to your home or vehicle to accommodate a disability, SAAQ covers these.

Death benefits: Beneficiaries of a person killed in a traffic accident receive death benefits under the plan, again without needing to establish fault.

SAAQ bodily injury coverage applies to traffic accidents occurring in Quebec and, in the case of Quebec residents, to accidents elsewhere in Canada or anywhere in the world.

What SAAQ Does Not Cover for Bodily Injury

SAAQ bodily injury benefits replace the right to sue in tort for bodily injury in Quebec. You cannot sue the at-fault driver for pain and suffering or any other bodily injury damages in Quebec civil court. The public plan is the exclusive remedy for bodily injury arising from a traffic accident. This trade-off is the core of the Quebec public auto insurance system.

Property Damage After a Hit-and-Run: SAAQ's Limited Cover

SAAQ's no-fault bodily injury scheme does not extend to property damage. Vehicle repairs and damage to your car caused by another driver remain in the private insurance domain in Quebec. However, SAAQ provides a specific limited compensation programme for property damage caused by an unidentified driver in a hit-and-run.

SAAQ Hit-and-Run Property Damage: The Key Rules

Maximum payout: $10,000 per incident.

Deductible: 10% of your vehicle's value, with a minimum deductible of $500.

Police report deadline: You must report the hit-and-run to police no later than 48 hours after the incident. Missing this deadline disqualifies you from the SAAQ property damage programme.

SAAQ claim deadline: You must file your claim with SAAQ no later than 60 days after the accident.

Eligibility conditions:

• The accident must have occurred in Quebec.
• You must be the registered owner of the damaged vehicle.
• You must not bear full responsibility for the accident.
• Your own private automobile insurance policy must not already cover hit-and-run property damage. If your own insurer covers it, SAAQ does not pay.
• You must hold civil liability coverage of at least $50,000.
• Property damage must exceed $500 to trigger eligibility.
• Your driver's licence must have been valid at the time of the accident.

Who is excluded: Insurers, corporations, partnerships, and government bodies cannot claim SAAQ hit-and-run property damage compensation. The programme is designed for individual vehicle owners.

Why the $10,000 Cap Matters

The $10,000 maximum is a meaningful limit if your vehicle is worth more or if the damage is severe. For property damage beyond that cap, or for damage where you hold your own comprehensive or collision coverage through a private insurer, your private policy is the primary source of compensation. Many Quebec drivers carry private property damage coverage precisely because SAAQ's no-fault plan does not cover vehicle damage from at-fault drivers in ordinary collisions either. In Quebec, property damage from any at-fault driver, whether identified or not, falls to private insurance.

What to Do If You Are Involved in a Hit-and-Run in Quebec

If your vehicle is struck and the other driver flees:

1. Pull over safely and check yourself and any passengers for injury.
2. Call 911 immediately if anyone is injured. Call police to report the hit-and-run.
3. Note every detail you can: direction of travel, colour, make, model, and partial plate of the fleeing vehicle. Photograph all damage to your own vehicle.
4. Ask any bystanders or witnesses for their contact information.
5. Report to police within 48 hours to preserve your right to file an SAAQ property damage claim.
6. File your SAAQ property damage claim within 60 days of the accident.
7. Contact your private insurer if your own policy covers vehicle damage from an unidentified driver, as your private coverage may be broader than or complementary to the SAAQ programme.
8. For bodily injury, contact SAAQ directly. You do not need to prove who caused the accident.

If you were the driver involved in an accident:

Under s. 320.16 of the Criminal Code and s. 168 of the Highway Safety Code, you must stop, remain at the scene, provide your name and address, exchange insurance information, and offer assistance if anyone is injured. Leaving the scene is a criminal offence and a provincial traffic offence. The consequences include criminal charges, fines, demerit points, and potential licence suspension.

Demerit Points and Licence Consequences

A driver convicted of leaving the scene of an accident in Quebec faces demerit points under the Demerit Point System administered by the SAAQ. Accumulating too many demerit points within a two-year period results in a licence suspension. Drivers who hold a probationary or learner's licence face lower thresholds for suspension and lose their licence sooner.

Beyond demerit points, a criminal conviction under s. 320.16 is reported to SAAQ and triggers a separate administrative licence suspension. A provincial offence conviction under the Highway Safety Code also triggers demerit points and a provincial fine.

How Quebec Compares to Other Canadian Provinces

Quebec is one of only four provinces with a public automobile insurer (alongside British Columbia's ICBC, Manitoba's MPI, and Saskatchewan's SGI). It is the only province where bodily injury compensation is entirely no-fault and universal. In every other province, a victim of a hit-and-run by an unidentified driver must either pursue a provincial motor vehicle accident claims fund (in Ontario and Alberta) or make an uninsured motorist claim through their own private insurer.

The practical difference is significant. In Ontario, for example, a hit-and-run bodily injury victim must navigate the Motor Vehicle Accident Claims Fund and deal with the complexities of their own policy's uninsured motorist coverage. In Quebec, a victim simply contacts SAAQ. Fault does not factor into bodily injury entitlement.

On the criminal law side, all provinces are identical: s. 320.16 of the Criminal Code applies coast to coast.

For a full overview of how each province handles the criminal and provincial layers of hit-and-run law, see the Canada hit-and-run laws hub. For a comparison with the United States, see our US hit-and-run laws guide.

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