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Leaving the scene of a car accident in Ontario isn’t just illegal – it can lead to criminal charges, lawsuits, sky-high insurance rates and a tarnished reputation. Toronto personal injury Jeremy Diamond warns that a moment of panic can spiral into a life-altering ordeal.
A split-second decision with lasting consequences
It’s a nightmare scenario on the streets of Toronto – you’re involved in a car accident, adrenaline surges, and panic tells you to drive away. Some drivers make this impulsive choice, hoping to evade responsibility. But fleeing the scene of an accident (commonly known as a hit-and-run) is one of the worst decisions you can make. Not only is it against the law, but it sets off a chain reaction of legal, personal and financial consequences that can effectively ruin your life.
“In that moment, you might think you’re avoiding trouble, but you’re really compounding it,” says Jeremy Diamond, a prominent Toronto personal injury lawyer. Leaving an accident scene is a criminal offence in Canada, no matter how minor the collision. Under Ontario’s Highway Traffic Act, failing to remain at the scene can bring immediate penalties: fines ranging from $400 up to $2,000, seven demerit points on your licence, and even up to six months in jail, plus a potential licence suspension for as long as two years. And if someone is injured or killed, the stakes rise sharply – authorities can charge the driver under the Criminal Code, which means a permanent criminal record and possibly years in prison. In the most tragic cases (when a hit-and-run results in a death), sentences can even extend to life imprisonment.
Toronto police and Ontario Provincial Police regularly underscore how serious hit-and-run incidents are. It’s not unusual to see public appeals for witnesses after a driver flees a crash – a clear sign that authorities will devote significant resources to track down offenders. In today’s city, with surveillance cameras on street corners and almost everyone carrying a smartphone, getting caught is only a matter of time. Footage from traffic cameras or bystander videos can quickly identify a fleeing vehicle. In short, you might leave the scene, but you likely won’t escape the consequences.
Criminal charges and legal fallout
The legal consequences of a hit-and-run go far beyond an ordinary traffic ticket. Failing to remain is treated as a serious offence. If police catch up with you (and chances are they will), you could be arrested and face charges that come with heavy burdens. For a first offence without injuries, a court can still impose the maximum $2,000 fine, a lengthy licence suspension and even jail time. And remember, that’s for a simple fender-bender where no one was hurt. If another person was injured, prosecutors may proceed with criminal charges. Canada’s Criminal Code sets harsh penalties for hit-and-run drivers: up to 10 years imprisonment for collisions causing bodily harm, and up to life in prison for those causing death. Even in less severe cases, a conviction under the Criminal Code means you’ll carry a criminal record for life, which can restrict your travel (for example, making it difficult to enter other countries) and limit career opportunities.
Legal experts stress that panicking and fleeing is the worst choice a driver can make. “We’re talking about something that can haunt you for years,” Jeremy Diamond explains. Beyond the immediate punishment, you’ll likely need to hire a lawyer to defend against charges, which is a financial and emotional strain of its own. A hit-and-run case will wind its way through the courts, subjecting you to months (or even years) of legal battles. And judges have little sympathy for drivers who abandon accident victims. In Ontario courts, leaving the scene is often seen as an aggravating factor – it shows a disregard for the safety and rights of others.
There’s also a moral and ethical side to consider. By law, drivers involved in a collision must stop and offer assistance to anyone who’s injured. If you drive off, you’re not just breaking a rule – you’re potentially leaving someone hurt without help. This reality can weigh heavily on your conscience. Many hit-and-run drivers later say they felt intense guilt and anxiety, even before they were caught. The reputational damage is significant too: being known as the perpetrator of a hit-and-run can make you a pariah among friends, coworkers and the community. News of such incidents often spreads quickly, especially if it’s a serious crash. It’s not the kind of notoriety anyone wants.
Civil liability and financial devastation
Escaping the scene doesn’t mean you escape responsibility. In fact, you may open yourself up to even greater civil liability. Under Ontario law, the at-fault driver (or their insurance) must cover the damages from an accident – and fleeing doesn’t change that. If you are identified as the hit-and-run driver, expect to be sued by the victims for injuries, vehicle damage, and other losses. Those civil lawsuits can seek significant sums, especially if someone was badly hurt. You could be on the hook for medical bills, rehabilitation costs, lost wages, and compensation for pain and suffering. In some cases, courts might award punitive damages – extra money to punish especially egregious conduct, like leaving an injured person at the scene.
Winning a civil case against a hit-and-run driver is often easier for the victim, because fleeing can be seen as evidence of fault or at least of irresponsible behaviour. All of this means you might face a hefty judgment. If you don’t have assets to pay it, courts can pursue your wages or property. Wage garnishment, property liens, and even bankruptcy are not off the table if the financial fallout is severe. In essence, a few seconds of bad judgment can lead to years of financial hardship.
It’s worth noting that Ontario has protections in place for innocent victims of hit-and-runs. If a driver isn’t identified, victims can still file an insurance claim – either through their own insurance policy or through the province’s Motor Vehicle Accident Claims Fund (a fund of last resort for when an at-fault driver is uninsured or unknown). Insurance companies will cover the loss for an innocent party in a hit-and-run, up to the policy limits, and the provincial fund can step in if needed. However, once the hit-and-run driver is found, those insurers will likely turn their sights on them to recover the payouts. In other words, if you flee and later get caught, your insurance (or the Fund) might pay the victim, but then come after you for reimbursement.
Insurance consequences: higher premiums and dropped coverage
One of the most immediate financial blows from a hit-and-run comes from your own auto insurance. Insurance complications after fleeing an accident can be severe and long-lasting. For starters, failing to remain at the scene is categorized as a major conviction by insurers – similar to a DUI or dangerous driving. If you’re convicted, you can expect your insurance premiums to skyrocket. According to legal professionals, a hit-and-run conviction can spike premiums for at least three years (insurers typically surchage serious violations for 3-6 years). You’ll likely be deemed a “high-risk driver,” which means many mainstream insurance companies may refuse to insure you at all. You could be forced to seek coverage through high-risk insurance providers at astronomical rates.
In some cases, an insurance company might even cancel your policy upon learning you committed a hit-and-run, especially if you failed to report the accident. (In Ontario, drivers are required to report collisions to the police and to their insurance within 24 hours if there are injuries or significant damages. Not reporting is itself an offence, and for insurance purposes, not reporting a hit-and-run you caused could be considered misrepresentation or a breach of your policy.) If your policy is cancelled for a serious reason like this, finding a new insurer will be extremely difficult and costly.
Even many years down the line, a hit-and-run can haunt your driving record. Lawyer Jeremy Diamond points out that the financial strain isn’t just the initial fine or legal fees – it’s the long-term cost of lost insurance coverage and inflated premiums that can total tens of thousands of dollars over time. And without insurance, you won’t legally be able to drive at all, compounding the disruption to your life.
Personal toll and reputational damage
Beyond the legal and financial repercussions, fleeing an accident has a profound personal cost. Imagine trying to explain to family, friends or employers that you were involved in a hit-and-run. The stigma of being a hit-and-run driver can follow you for years. Your relationships might suffer as people grapple with the fact that you left someone potentially hurt on the road. If the incident was covered in the media – which often happens in notable cases, especially if someone was seriously injured – your name could appear in news headlines associated with the crime. In the age of Google, that’s a reputational hit that’s hard to erase.
There’s also the psychological impact. Many drivers who have fled an accident live in constant fear and stress until they are caught (or until they turn themselves in). The worry about that knock on the door from police can be debilitating. Guilt is another huge factor. If someone was injured or killed and you didn’t stop to help, that knowledge can weigh heavily. No one wants to be responsible for another person’s suffering, and knowing that you violated basic ethics and laws can lead to anxiety, depression, or sleepless nights. In fact, studies show a significant number of hit-and-run drivers eventually do surrender to police, driven by guilt and the mental toll of hiding.
From a community perspective, hit-and-run drivers face public outrage. Toronto has a strong culture of pedestrian and cyclist safety advocacy, and a driver who leaves the scene is often vilified in public opinion. Around one in 12 pedestrian fatalities in Canada involves a driver fleeing the scene, a disturbing statistic that fuels calls for greater accountability. Each such case is a painful reminder of the importance of responsibility on the road. As a result, courts and communities alike are pushing for tougher penalties and little leniency in hit-and-run cases.
Doing the right thing and getting help
All of these consequences underscore a simple point: it’s never worth it to flee an accident scene. If you’re in a collision, no matter how scared you feel, stay put, check on others’ safety, call 911, and exchange information. Not only is this the legal obligation, but it’s also the moral one. As Jeremy Diamond notes, remaining at the scene and taking responsibility can significantly improve the outcome – legally and personally. “At the end of the day, accidents happen,” Diamond says. “It’s how you respond that can define what happens next.” If you make the right choice by staying, you’ll likely face far more lenient consequences (maybe just a ticket if you were at fault, which insurance will handle) compared to the firestorm that comes with a hit-and-run.
For those who have made the mistake of fleeing in a moment of panic, legal support is crucial. Diamond and Diamond Personal Injury Lawyers and other personal injury law firms often deal with the fallout of traffic collisions from all sides. That means helping injured victims file hit-and-run claims to get compensation, but also guiding drivers through the legal quagmire they find themselves in. Consulting an experienced lawyer immediately can at least ensure you know your rights and options. In some cases, a lawyer can negotiate with prosecutors or help mitigate the damage, especially if you come forward early. Every situation is different, but having professional advice is invaluable when your licence, livelihood and liberty are on the line.
Jeremy Diamond and his team of personal injury lawyers across Ontario, Alberta, British Columbia and Nova Scotia (Halifax) have seen firsthand how devastating a hit-and-run can be – for victims and drivers alike. Their advice is universal: obey the law and stay at the scene. The few moments saved by driving off can lead to a lifetime of regret. By facing the consequences upfront and seeking proper legal help, drivers can often resolve accident matters in a much more manageable way. And importantly, staying ensures anyone injured gets timely assistance, which could save a life. In a city as busy as ours, accidents are a fact of life – but compounding an accident with a hit-and-run is a choice, and it’s one that will ruin lives, including your own.
About Jeremy Diamond
Jeremy Diamond is a lawyer and member of both Ontario and Florida Bars. Jeremy practices in the area of Plaintiff personal injury litigation. Click here to learn more about Jeremy Diamond.
