
What is a Hit-and-Run?
A hit-and-run occurs when a driver is involved in a collision and leaves the scene without stopping, providing identification, or offering assistance if required. A driver might leave the scene for one of many reasons, including the following:
- They don’t have insurance.
- They are driving with a suspended or expired licence.
- They are worried that they caused the accident.
- They are in a rush because of an emergency.
- They were intoxicated and did not want to get pulled over for a drunk driving charge.
Does a Hit-and-Run Count as an Accident?
Yes, a hit-and-run is an accidental occurrence covered by specific insurance types. However, if the driver cannot be identified, victims may still seek compensation through their own insurance coverage, such as uninsured automobile coverage or accident benefits.
A hit-and-run is not the same as careless driving. Learn more about the latter in our guide.
Penalties for a Hit-and-Run in Ontario
Fleeing a hit-and-run scene can lead to significant charges, insurance fines, and even jail time. An Ontario hit-and-run poses two potential charges:
- Highway Traffic Act: Failing to stay within the collision area can land you a ticket.
- Canadian Criminal Code: If a driver injures another driver or pedestrian and flees the scene, they could face criminal charges:
- If charged under the Criminal Code for failing to stop after an accident, penalties can include up to two years less a day in jail on summary conviction or up to ten years if prosecuted by indictment.
- If the accident results in bodily harm, penalties can be up to fourteen years in prison, and if it results in death, the maximum penalty is life imprisonment.
What Should You Do After a Hit-and-Run?
After experiencing a hit-and-run as a victim, follow these steps immediately after the incident.
How To Report a Hit-and-Run Accident in Ontario
Even if you don’t sustain any injuries or damage to your vehicle, reporting a hit-and-run accident to the police is essential. Ontario law requires all drivers involved in a hit-and-run to report it, regardless of the physical consequences (or lack thereof).
In addition, you must file a police report within 24 hours of the accident to maximize the odds of apprehending the perpetrator. Note that some insurers will only accept a claim if you file a police report.
Who Investigates a Hit-and-Run?
The Ontario police are primarily responsible for investigating a hit-and-run, though your insurance company will perform another investigation to determine culpability and the total cost of damages.
Until When Can You File a Hit-and-Run Claim?
While you must file a police report within 24 hours of a hit-and-run, you can still file a claim against a potential suspect up to six months after the accident.
Does Auto Insurance Cover a Hit-and-Run?
Yes, auto insurance covers hit-and-run incidents, but you must pay your deductible. Also, you only get compensation if you have collision and liability insurance. Without it, you have to cover out-of-pocket medical bills and vehicle damages.
Note that DCPD coverage applies only when the at-fault driver is identified and insured in Ontario, so it typically does not apply to hit-and-run cases where the driver is unknown.
If law enforcement apprehends the perpetrator and they don’t have insurance, an Uninsured Motorist coverage policy will cover the damages.
You will also get compensation for the following:
- Medical bills
- Income replacement, in case you have to stop working due to the accident
- Rehabilitation costs
- Home care, if you need an attendant
- Lost wages or future earning capacity
What if the Hit-and-Run Happened in a Parking Lot?
If a hit-and-run occurs in a parking lot, perpetrating drivers will still be held liable for the incident. Check for security cameras if you fall victim to a hit-and-run in a parking lot. If you’re lucky, you might find video evidence of the accident, which you can then submit to the police and your insurance company.
Can’t find any security cameras in the area? Look for witnesses or security guards who can provide information.
Will a Hit-and-Run Raise Your Insurance Premiums?
If you’re not at fault for a hit-and-run incident, filing a claim won’t raise your insurance rates.
What if the Driver Was Drunk?
If the perpetrator had any traces of alcohol in their system during the hit-and-run, punishments are far more severe. In case of death, the driver may spend up to two years in jail.
The severity of each punishment may vary according to the driver’s record and history. Additional instances of drunk driving can increase jail time, licence suspensions, and fees. Courts may order medical exams and physical inspections to determine the suspect’s behaviour and state during the incident.
What to Do if You Cause a Hit-and-Run
If you cause a hit-and-run, the consequences will depend on the severity of your case. At the very least, your insurance company may raise your rates significantly and label you a high-risk driver. If your company considers you a significant liability, they might even cancel your policy.
Expect to receive criminal charges if your actions result in severe injuries or death. Your insurer won’t cover any legal fees. You may also have difficulty securing insurance from any other company for at least four to seven years after hit an run accident.
The best way to build a defence against a hit-and-run charge is to work with an experienced criminal defence lawyer.
Settlement Amounts & Consequences for Hit-and-Run Incidents in Ontario
If you receive a claim against you for a hit-and-run, the government can try you under Section 320.16 of the Criminal Code. Depending on the severity, expect to receive the following punishments:
- Fine between $400 and $2,000
- Seven demerit points
- Possible licence suspension of up to two years
- Possible jail sentence of up to six months (for provincial offence)
- Significant increases in insurance premiums
Learn more about how demerit points and a bad driving record can affect your insurance policy fees in the future.
How to Prevent a Hit-and-Run
It can be challenging to prevent a hit-and-run, but there are ways to take extra precautions in the future. Installing a dash cam in your vehicle is one way to protect yourself on the road.
These devices can capture negligent behaviour and automatically record video when you start your engine. Some dash cams even come equipped with motion sensors, which activate the camera whenever they detect movement within or nearby your vehicle.
Key Advice from MyChoice
- Report a hit-and-run right away and file a police report within 24 hours. This helps both the investigation and your insurance claim.
- Gather as much evidence as you can at the scene. Take photos, get witness statements, note vehicle details, and record which way the driver went.
- Check your auto insurance, especially your collision, uninsured automobile coverage and OPCF 44R, to make sure you and your family are protected if a hit-and-run happens.
- Consider installing a dash cam. Video evidence can help identify drivers who flee and support your insurance claim or a police investigation.