Fail to Remain in Ontario: Penalties for Leaving the Scene of an Accident

“Fail to remain” means leaving the scene of an accident without stopping, providing required information, or helping an injured person. In Ontario, this conduct can result in a Highway Traffic Act offence or, in more serious circumstances, a Criminal Code charge. If you were the pedestrian, cyclist, or driver left behind, however, you may still be able to recover compensation even if the driver is never identified.

What Does “Fail to Remain” Mean in Ontario?

Fail to remain generally means leaving the scene of an accident without fulfilling the legal duties that follow a collision. It is commonly called a hit-and-run.

Ontario has two separate legal offences:

• Highway Traffic Act (HTA), section 200. This requires a person in charge of a vehicle involved in an accident to stop, remain at or immediately return to the scene, provide required information, and offer assistance to anyone injured.
• Criminal Code, section 320.16. This creates the criminal offence of failure to stop after an accident when a person operating a conveyance knows, or is reckless as to whether, it was involved in an accident and, without reasonable excuse, fails to stop, provide their name and address, and offer assistance when required.

Fail to remain under the Highway Traffic Act and failure to stop under the Criminal Code are separate offences with different requirements and penalties.

What Is a Fail to Remain Charge?

A fail to remain charge can arise when someone involved in a collision leaves instead of stopping and carrying out the duties imposed by law. Depending on the circumstances, failing to remain at the scene of an accident can result in a provincial offence or a criminal charge.

Is Fail to Remain the Same as a Hit-and-Run?

Generally, yes. “Hit-and-run” is the common expression for leaving the scene of an accident, while “fail to remain” and “failure to stop after an accident” describe the relevant legal offences.

Why Injured Victims Trust Derek Wilson After a Hit-and-Run

I have more than 30 years of experience focused exclusively on personal injury, disability, and insurance litigation in Hamilton. As a pedestrian accident lawyer and Hamilton personal injury lawyer, I represent people, including pedestrians, cyclists, and motorists hurt in hit-and-run accidents. I do not represent drivers facing fail-to-remain charges.

Before representing injured people, I worked on the insurance-defence side. That experience gives me insight into how insurers investigate, assess, and challenge claims, which can be particularly important when compensation depends on Accident Benefits, Uninsured Automobile Coverage, or an unidentified-driver claim.

Clients who work with me benefit from my personal handling of every file and from my recognition:

• Recognition by Best Lawyers
• Recognition by Best Law Firms – Regional Tier 1
• Membership in the Hamilton Law Association and Law Society of Ontario
• More than 100 five-star Google reviews

I offer free consultations and offer contingency-fee representation, meaning you do not pay upfront legal costs.

How Can a Personal Injury Lawyer Help After a Hit-and-Run?

I can investigate the collision, preserve evidence, identify available insurance, deal with insurers, document your losses, and pursue appropriate compensation. The driver does not necessarily need to be identified before a claim begins.

A Driver’s Legal Duties After an Accident in Ontario

A driver involved in an accident in Ontario must stop and fulfill specific legal obligations. Under section 200 of the Highway Traffic Act, a driver must:

• Stop and remain at, or immediately return to, the scene
• Provide their name and address when required
• Provide their driver’s licence number
• Provide their insurer and insurance policy number
• Identify the vehicle’s registered owner
• Provide the vehicle permit number
• Offer assistance to anyone injured

There is also a separate obligation to report certain collisions to police.

What Must You Do After a Car Accident in Ontario?

Stop, check for injuries, remain at the scene, exchange the information required by law, and provide assistance to anyone who is injured. The collision must also be reported when Ontario’s reporting rules apply.

When Do You Have to Call the Police After an Accident in Ontario?

A collision must be reported when someone is injured or the accident otherwise meets Ontario’s mandatory reporting requirements. The current property-damage threshold is $5,000 in total damage, although some circumstances require reporting regardless of the estimated damage.

A hit-and-run should also be reported promptly.

Fail to Remain Under the Highway Traffic Act (HTA s. 200)

Fail to remain under section 200 of Ontario’s Highway Traffic Act is a provincial offence. It generally applies to accidents on a highway when the person in charge of a vehicle fails to stop, remain at or immediately return to the scene, and perform the duties required by law.

A fail to remain penalty in Ontario can include:

• A fine of $400 to $2,000
• Up to six months in jail
• Seven demerit points
• A driver’s licence suspension of up to two years
• Increased automobile insurance premiums

Fail to remain under the HTA is a strict-liability offence. It is different from the criminal offence of failure to stop after an accident.

What Is the Penalty for Fail to Remain Under the Highway Traffic Act?

The fail to remain fine in Ontario ranges from $400 to $2,000. A conviction can also result in imprisonment for up to six months, seven demerit points, and a licence suspension of up to two years.

How Many Demerit Points Is Fail to Remain in Ontario?

A fail to remain conviction under the Highway Traffic Act carries seven demerit points. These points are separate from any fine, suspension, or other consequence.

Failure to Stop Under the Criminal Code (s. 320.16)

Failure to stop after an accident can be a criminal offence under section 320.16 of the Criminal Code of Canada. Unlike the HTA offence, the Criminal Code provision is not restricted to accidents occurring on a roadway.

It applies where a person operating a conveyance knows, or is reckless as to whether, it was involved in an accident and, without reasonable excuse, fails to stop, give their name and address, and offer assistance if another person appears to need it.

Is Failure to Remain a Criminal Offence in Canada?

It can be. Ontario has a provincial fail to remain Highway Traffic Act offence, while the Criminal Code creates the separate criminal offence of failure to stop after an accident.

What Is the Penalty for Failure to Stop Causing Bodily Harm or Death?

Criminal Code penalties increase significantly when bodily harm or death results:

• Failure to stop generally: up to 10 years’ imprisonment on indictment
• Failure to stop involving bodily harm: up to 14 years’ imprisonment
• Failure to stop involving death: up to life imprisonment
• Summary conviction: up to two years less a day

These criminal penalties are separate from the fail to remain penalty under Ontario’s Highway Traffic Act.

Penalties at a Glance: Highway Traffic Act vs. Criminal Code

Fail to remain under the Highway Traffic Act and failure to stop under the Criminal Code are separate offences.

For an injured pedestrian, cyclist, or motorist, these penalties are separate from the right to pursue compensation.

What It Means if You Were the Pedestrian, Cyclist, or Driver Left Behind

If you were injured in a hit and run in Ontario, you may still be able to recover compensation even when the driver is never found. You do not need to wait for a conviction, or even identification of the driver, before investigating your rights.

Potential sources of hit-and-run compensation in Ontario include:

• Accident Benefits: No-fault benefits may cover medical and rehabilitation expenses, income replacement, attendant care, and other eligible losses.
• Uninsured Automobile Coverage: Mandatory Ontario automobile insurance coverage may respond when an at-fault driver is uninsured or unidentified.
• OPCF 44R Family Protection Coverage: Optional coverage may provide additional protection up to applicable policy limits.
• Motor Vehicle Accident Claims Fund (MVACF): Ontario’s fund may provide compensation as a last resort when no applicable automobile insurance is available.

Which source applies depends on the circumstances. Ontario Accident Benefits may be accessed through your own policy, a household member’s policy, another applicable insurer under Ontario’s priority rules, or, in appropriate cases, the MVACF.

Pedestrians and cyclists also have an important protection under section 193 of the Highway Traffic Act. In applicable civil actions, the legislation places the burden on the motorist to prove that the loss did not arise through the motorist’s negligence or improper conduct.

There are exceptions. For example, Ontario’s Insurance Act can restrict a victim’s right to sue if that person was driving their own uninsured vehicle when the collision occurred.

Can I Get Compensation if the Driver Who Hit Me Fled the Scene?

Yes. An injured hit-and-run victim may have access to compensation even if the at-fault driver remains unidentified. Accident Benefits, Uninsured Automobile Coverage, OPCF 44R coverage, and the MVACF may all be considered.

What Is the Motor Vehicle Accident Claims Fund (MVACF)?

The MVACF is Ontario’s compensation source of last resort for certain motor vehicle accidents when no automobile insurance is available. Eligibility depends on the circumstances, and applicable insurance generally must be pursued before the Fund.

What Should You Do if You’re the Victim of a Hit-and-Run in Ontario?

Protect your health and preserve evidence by taking these steps:

1. Call 911 if anyone is injured.
2. Report the hit-and-run to police promptly.
3. Get medical attention, even if symptoms are subtle or slow to develop.
4. Record everything you remember about the vehicle and driver.
5. Get witness contact information.
6. Look for dashcam, surveillance, traffic, transit, or doorbell footage.
7. Photograph the scene, injuries, and damage.
8. Notify the appropriate insurer promptly.
9. Keep medical, expense, and income-loss records.
10. Get legal advice early.

If you were injured by an unidentified driver, I can help investigate the collision and determine which compensation route applies.

Compensation and Deadlines for Hit-and-Run Victims in Ontario

A hit-and-run victim may have two distinct routes to compensation: no-fault Accident Benefits and a tort or uninsured-motorist claim. Depending on eligibility, Accident Benefits can provide:

• Medical and rehabilitation benefits
• Attendant care
• Income replacement
• Other eligible accident-related benefits

A tort or uninsured-motorist claim may address pain and suffering, past and future income loss, and other eligible damages.

Unidentified-driver claims can be evidence-heavy. Report the accident promptly, notify your insurer quickly, and preserve independent evidence such as witness accounts, photographs, and camera footage.

What Compensation Can a Hit-and-Run Victim Recover in Ontario?

Compensation depends on the injuries, losses, and insurance available. It can include treatment and rehabilitation expenses, income replacement, attendant care, pain and suffering in an eligible claim, and past and future income losses.

How Long Do I Have to Make a Claim After a Hit-and-Run?

Although Ontario generally has a two-year limitation period for many lawsuits, much shorter insurance notification and application deadlines can apply.

Fail to Remain in Ontario: Frequently Asked Questions

These are the questions I hear often at my practice:

What Is a Fail to Remain?

Fail to remain generally means leaving an accident without stopping, providing required information, or assisting an injured person. Ontario’s Highway Traffic Act and Canada’s Criminal Code contain separate offences addressing this conduct.

What Is the Fine for Failure to Remain in Ontario?

Under HTA section 200, the fine is $400 to $2,000. Other consequences can include seven demerit points, imprisonment, and licence suspension.

What Can Happen if You Fail to Remain at the Scene of an Accident?

Consequences can include an HTA or Criminal Code charge, depending on the circumstances. Potential penalties range from fines and demerit points to imprisonment and, following a criminal conviction, a criminal record.

Is Failure to Remain a Criminal Charge?

It can be. The HTA creates a provincial fail-to-remain offence, while Criminal Code section 320.16 creates the criminal offence of failure to stop after an accident.

How Many Demerit Points Is Fail to Remain in Ontario?

A conviction under HTA section 200 carries seven demerit points.

Can You Get Compensation if the Driver Leaves the Scene of an Accident?

Yes. An injured person may have access to Accident Benefits, Uninsured Automobile Coverage, OPCF 44R Family Protection Coverage, or, when no applicable insurance exists, the MVACF. I can explain hit-and-run and uninsured driver compensation if you are unsure which applies.

How Long Do You Have to Report a Hit-and-Run in Ontario?

A hit-and-run should be reported to police and the appropriate insurer promptly. Early reporting also gives investigators a better opportunity to secure evidence and identify the driver.

Injured by a Hit-and-Run Driver in Hamilton? Talk to Derek Wilson

I have more than 30 years of experience focused on personal injury, disability, and insurance litigation. As a hit-and-run accident lawyer in Hamilton, I personally handle every file and use my previous insurance-defence experience to navigate insurance coverage, Accident Benefits, and disputed unidentified-driver claims.

My office is at 19 Bold Street, Unit 1, Hamilton, Ontario, and I represent injured people in Hamilton, Stoney Creek, Burlington, Grimsby, Cambridge, Niagara, Brantford, and throughout the Golden Horseshoe.

Your consultation is free and carries no obligation. I work on a contingency-fee basis, meaning there are no legal fees unless I recover compensation for you.

Call me at 905-769-0418 to set up a free, no obligation consultation.