Hit-and-run accidents are terrible. You may not be at fault for the collision but can still be left picking up the pieces. What should your insurance cover in a hit-and-run accident in Ontario? Who pays for vehicle repairs? This guide explains Ontario’s hit-and-run auto insurance rules and what happens if someone is caught.
To write this article, our team looked into Ontario’s Highway Traffic Act and the federal Criminal Code. We mapped the penalties associated with each law. We also examined how the Insurance Act, the Ontario Automobile Policy (OAP 1) and the OPCF 44R endorsement determine which coverages respond when the other driver flees.
What Does Insurance Cover After a Hit-And-Run?
What To Do After a Hit-And-Run Accident
Ontario drivers involved in a hit-and-run accident should follow these steps:
Collect Information
If you can do so safely, collect information that could identify the fleeing driver, such as the make, model and colour of their vehicle and the driver’s gender, height and hair colour. Take photos of any property damage, collect available witness information and note the fleeing driver’s direction of travel. Get the licence plate if you can.
If a hit-and-run occurs in a parking lot, check for security cameras. You might find video evidence of the accident, which you can submit to the police and your insurance company.
If you were driving when struck, pull off the road if possible. Activate your hazard lights. If it’s safe, stay in the accident area.
Know What Not To Do
Never pursue a driver who fled an accident. You could endanger your own safety and others’. Leave it to the police to investigate.
Seek Medical Attention
Seek medical attention if you’re injured or symptoms appear after the collision.
Report the Collision to Police
Report the hit-and-run to police promptly. Ontario’s Highway Traffic Act requires a collision to be reported when someone is injured or the apparent property damage exceeds $5,000.
Report the accident to your insurer as soon as possible. The OAP 1 requires written notice within seven days or, if you’re unable to provide notice within that period, as soon as possible afterward.
Provincial Penalties: Failing To Remain
Drivers involved in a motor vehicle accident in Ontario must, under section 200 of the Highway Traffic Act, remain at the scene, provide the required information and render assistance if necessary.
Failure to comply can result in a fine of $400 to $2,000, imprisonment for up to six months, a driver’s licence suspension for up to two years and seven demerit points.
Criminal Penalties: Failing To Stop After an Accident
Leaving the scene of a motor vehicle accident you know occurred can be a criminal offence in Canada. Section 320.16 of the Criminal Code sets out the offence of failing to stop after an accident.
Penalties can include:
- Up to two years less a day following summary conviction or up to 10 years following indictment when the accident did not cause bodily harm or death
- Up to 14 years when the accident resulted in bodily harm
- Up to life imprisonment when the accident resulted in death
What To Know Before Suing a Hit-And-Run Driver in Ontario
Keep all bills and receipts to document the damages you claim.
Ontario’s Limitations Act generally establishes a two-year limitation period from the discovery of a claim. Other notice requirements may also apply. Consult a lawyer about the deadlines that apply to your circumstances.
Which Coverage Applies After a Hit-And-Run Accident?
| Coverage | Pays for your vehicle? | Pays for your injuries? | Works if the driver is never identified? |
|---|---|---|---|
| Accident benefits | No | Mandatory medical, rehabilitation and attendant care; other benefits depend on the policy | Yes |
| DCPD | Normally yes, but not for unidentified hit-and-run claims | No | No |
| Collision coverage | Yes, minus your deductible | No | Yes |
| Uninsured automobile coverage | Only if the driver is identified but uninsured, up to $25,000 less a $300 deductible | Yes, up to the $200,000 statutory minimum | For injuries, yes; for vehicle damage, no |
| OPCF 44R endorsement | No | May provide additional compensation up to your liability limit | Yes, subject to the endorsement and supporting evidence |
Will My Insurance Rates Go Up After a Hit-And-Run Accident?
Ontario drivers who’ve been the victim of a hit-and-run accident can file a claim with their own auto insurer. A not-at-fault finding does not guarantee that the total renewal premium will remain unchanged.
Ontario’s Fault Determination Rules outline how fault is assigned. That’s why a police report matters in hit-and-run claims, as it supports the insurer’s investigation.
Read More: How Is Fault Assigned After a Car Accident?
What Happens If You Cause a Hit-And-Run Accident in Ontario?
Aside from criminal and civil liability, a hit-and-run conviction may affect your driving record, insurance eligibility and premium. An insurer may classify you as a high-risk driver or refuse to renew your policy, subject to its approved underwriting rules.
Read More: A Guide to Demerit Points in Ontario