Quebec Hit and Run Laws (Délit de Fuite): Penalties & SAAQ Rules (2026)

In Quebec, leaving the scene of an accident is known as a “délit de fuite”. It is strictly punished under the Highway Safety Code and the federal Criminal Code. Because Quebec has a unique public automobile insurance system managed by the Société de l’assurance automobile du Québec (SAAQ), handling a hit and run claim here is different from any other province in Canada.

This guide explains the specific legal obligations for Quebec drivers in 2026, the penalties for fleeing, and how the “no-fault” system protects victims of hit and run accidents.

Federal Criminal Code Section 320.16

While Quebec has its own civil law system, criminal law is federal. Section 320.16 of the Criminal Code of Canada applies in Quebec just as it does elsewhere. This section criminalizes the act of failing to stop at the scene of an accident.

Section 320.16 (1) mandates that a driver involved in an accident must:

• Stop the vehicle;
• Give their name and address; and
• Offer assistance to any injured person.

Penalties under the Criminal Code are severe:

• Summary Conviction: Fines and/or jail time up to 2 years less a day.
• Indictable Offense (Bodily Harm): Up to 14 years imprisonment.
• Indictable Offense (Death): Up to life imprisonment.

Quebec Highway Safety Code Requirements

The Highway Safety Code (Code de la sécurité routière) is the provincial law governing driving. Sections 166 to 179 specifically detail the duties of a driver involved in an accident.

Key Duties (Article 166-171):

• The driver must stop immediately.
• The driver must provide their name, address, and license number to the other party.
• If a police officer is present, these documents must be provided to them.
• If there is an injury, the police must be called immediately.

Failing to fulfill these duties constitutes a provincial offense, separate from criminal charges.

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

If you are in an accident in Montreal, Quebec City, or anywhere in the province, follow these steps:

1. Stop Immediately: Do not leave the scene. Stopping is mandatory.
2. Assess Injuries: Check if anyone is hurt. If yes, call 911. The SAAQ covers all residents for bodily injury.
3. Fill Out a Joint Report: If there are no injuries, use the Constat à l’amiable (Joint Report). This form speeds up claims with private insurers.
4. Exchange Information: If you don’t have the form, exchange names, addresses, driver’s license numbers, and insurance certificate details.
5. Take Photos: Document the positions of vehicles and damage.
6. Report to Police (if required): Call police if there are injuries, if the other driver flees, or if criminal activity (like drunk driving) is suspected.
7. Contact the SAAQ: For any bodily injury, file a claim with the SAAQ.
8. Contact Private Insurer: For vehicle damage, contact your private insurance company.

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

The Crown prosecutor determines how to charge the offense based on severity:

• Summary Conviction: Used for less serious offenses. It has a faster court process and lower maximum penalties (fine up to $5,000, jail up to 2 years less a day).
• Indictable Offense: Used for serious cases, especially those involving injury or death. These carry long prison sentences and severe criminal records.

Hitting an Unattended Vehicle or Property

Under the Highway Safety Code, if you hit an unoccupied vehicle or object (like a fence or pole), you cannot simply drive away.

You must attempt to locate the owner. If the owner cannot be found, you must immediately contact the nearest police station to report the accident and provide the necessary information. Leaving a note is good practice, but in Quebec, contacting the police is the formal requirement if the owner is absent (Article 168).

Reporting Requirements and Deadlines

To the Police:

• Injuries: Immediate reporting is required.
• Unattended Vehicle: Immediate reporting if owner is not found.
• Property Damage Only: If two drivers are present and exchange info (Joint Report), police attendance is usually not required unless one driver refuses to cooperate or is impaired.

To Insurance (SAAQ & Private):

• SAAQ (Injury): You have 3 years to file a claim for bodily injury, but sooner is better.
• Private Insurer (Vehicle Damage): Report as soon as possible, typically within 24-48 hours.

Penalties and Demerit Points

Quebec has strict penalties for délit de fuite.

Insurance Implications

Quebec’s insurance system is unique in North America.

1. Bodily Injury (SAAQ – Public Plan)

The SAAQ provides pure no-fault insurance for all Quebec residents injured in a car accident, anywhere in the world. This means:

• You cannot sue the at-fault driver for bodily injuries in Quebec.
• The SAAQ pays for your medical treatment and income replacement regardless of who caused the accident.
• Even if you were the hit-and-run driver, you may still be covered for your own injuries (though criminal convictions can affect income replacement benefits).

2. Property Damage (Private Insurance)

Damage to your vehicle is covered by private insurers under the Direct Compensation Agreement (DCA).

• Hit and Run (Identified): If the other driver is identified, your insurer pays under the DCA (no deductible usually).
• Hit and Run (Unidentified): If the driver is unknown, you must have “Collision” coverage (Section B) to claim damages. You will likely have to pay a deductible.
• No Collision Coverage: If you only have mandatory liability insurance (Section A) and no collision coverage, you will not be reimbursed for damage to your car in an unidentified hit and run.

How is Fault Determined in Quebec?

For property damage, private insurers use the Driver’s Fault Chart (Barème de responsabilité) to determine fault. It is a set of regulations binding on all insurers.

• It relies on diagrams of accident scenarios.
• It does not consider “moral” fault or weather conditions, only the position and movement of vehicles.
• In a hit and run where the other driver is unknown, the policyholder is usually not held at fault for rating purposes if a police report confirms the hit and run.

Statute of Limitations for Civil Claims

Because you cannot sue for bodily injury in Quebec, the “statute of limitations” applies mainly to property damage claims or claiming benefits from the SAAQ.

• SAAQ Claims: Generally 3 years from the date of the accident to file for injury benefits.
• Property Damage lawsuits: Under the Civil Code of Quebec, the prescriptive period for claiming damages is generally 3 years.

Evidence Needed for Conviction

For a conviction under the Highway Safety Code or Criminal Code, prosecutors need evidence:

• Witness Statements: Crucial for identifying the vehicle.
• Video Footage: Traffic cameras or private security video.
• Vehicle Damage: Matching paint transfer or debris left at the scene.
• Admissions: Statements made by the driver to police.

Legal Defenses

• Unawareness: The driver did not realize an impact occurred (e.g., large truck hitting a small mirror).
• Necessity: The driver fled due to immediate danger (e.g., road rage threat) but reported it immediately after.
• Identity Issues: Prosecution cannot prove who was driving the vehicle, only who owns it.

Frequently Asked Questions

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