Fail to Report an accident
Reporting an accident is covered in the law, which is found in section 199(1) of the Highway Traffic Act.
But not every accident has to be reported, as there are minimum requirements that must be met before you are compelled to report an accident.
Simply put, if you are directly or indirectly involved in an accident, which causes personal injury, or property damage exceeding $2,000 as defined by regulation, then you must report the accident.
So you have called the police, so now what?
Under the Highway Traffic Act, you have to furnish the particulars of the accident to the Police officer.
But it is recommended that you speak with a Licensed Paralegal first, as you have a Charter Right to remain silent.
Reporting accidents to the police is the law in certain circumstances, but it may be prudent to understand what consequences you may face before doing so.
Remember, you can be charged with an offence under Provincial law at any given point for up to 6 months after an incident. But, since there is no Statute of Limitations for criminal offences to be charged against you, it means, you can still be charged with a serious offence at any time in the future.
So the basic premise is, while you may have to report an accident, and give details as required by law. By in doing so, it may incriminate you. So, you have a right to remain silent to avoid incriminating evidence being held against you.
You may now be thinking, is there a way to furnish the information required by law to report and accident, while evoking my right to remain silent?
Yes, there is a way to comply with the law, while evoking your Charter rights.
Can you prevent me from being charged?
While we can’t guarantee that you won’t be charged.
We can do our best to help avoid a charge being laid against you.
If you have been involved in a collision or accident, we can accompany you to a collision reporting centre, or police station to assist you with reporting an accident.
We have had great success in assisting our Clients with reporting accidents, and have been able to avoid traffic ticket charges from being laid against drivers.
Many drivers who have reported their own accidents, have been charged with offences such as Careless Driving. The ultimate decision whether to lay a charge rests with of the investigating or reporting office.
Remember, we are here to help you, and we have the knowledge and expertise to guide you throughout the legal process.
Don’t be afraid to call, as we are duty bound to keep your information confidential, even if you do not hire/retain our services.