What to do after a car accident in Ontario starts with safety, medical attention, reporting and evidence preservation. Exchange required information, document the scene when safe and notify the appropriate insurer. This checklist explains the immediate steps and what to avoid saying or signing too quickly.
Key takeaways: Protect people first, call for help when needed, record the scene, identify witnesses, report the collision and keep every document.
Your legal duties at the scene
Section 200(1) of Ontario’s Highway Traffic Act sets out duties for a driver directly or indirectly involved in a collision. The driver must:
• remain at, or immediately return to, the scene;
• render all possible assistance; and
• on request, give in writing to anyone sustaining loss or injury, to any police officer or to any witness, specified information.
That information generally includes the driver’s name and address, driver’s licence number and the jurisdiction that issued it, the name and address of the vehicle’s owner, the vehicle permit number, and the name of the insurer and policy number.
Leaving the scene can also have criminal consequences. Section 320.16 of the Criminal Code makes it an offence, in certain circumstances, for a person who knows or is reckless as to whether they were involved in an accident causing harm to fail to stop, give their name and address and offer assistance where someone is injured.
Step-by-step at the scene
1. Check for injuries and get help
Your safety and the safety of others come first. Call 911 if anyone is hurt or if the vehicles are blocking traffic in a dangerous way. Do not move a seriously injured person unless there is an immediate danger.
2. Make the scene safe
Turn on hazard lights. If the vehicles can be moved and it is safe and permitted to do so, move them out of traffic.
3. Exchange information
Failing to get the other driver’s information is one of the most serious, and most avoidable, mistakes after an accident. Ask for, and write down or photograph:
• the driver’s full name, address and phone number;
• driver’s licence number and issuing province or state;
• the vehicle’s plate number, make, model and colour;
• the owner’s name and address, if different from the driver;
• the insurance company and policy number.
Check that the person you are speaking to is the person who was driving. If the other driver refuses to provide information, note their plate number and description and tell police.
4. Document the scene
Take photos of the vehicles, damage, the road, signs, traffic lights and weather conditions. Collect names and phone numbers of witnesses. Save any dashcam video. Do not assume that traffic, city or business cameras will identify the other driver later; footage may not exist, may not show the plate, or may be overwritten.
5. Report the accident
Depending on the circumstances, you may need to report the collision to police, either at the scene or at a collision reporting centre. Ask for the report or occurrence number.
6. Notify your insurer and get medical care
Tell your own insurer about the accident promptly. Seek medical attention even if you feel fine; some injuries are not obvious right away. Keep a record of your symptoms.
What if the other driver drives away?
A hit-and-run collision can leave you without the information you need to make a claim against the other driver. Call police immediately and give them as much detail as you can. Your own auto insurer may still respond in some situations involving unidentified drivers, through accident benefits and, in some cases, the unidentified automobile coverage in your policy. Coverage and notice conditions should be confirmed promptly.
What not to do
• Do not leave the scene before your legal duties are met.
• Do not argue about fault or make detailed statements about who caused the accident.
• Do not sign anything at the scene other than what police may require.
• Do not post about the accident on social media.
In the days after the accident
The steps at the scene are only the beginning. In the days that follow, it is helpful to keep a simple file containing the information you exchanged, photographs, the police or collision report number, and the claim numbers provided by your insurer. Write down your recollection of the accident while it is fresh. If you begin to feel pain or other symptoms, see a doctor and describe how the accident happened. Keep receipts for any expenses, such as medication, transportation or devices.
If you were injured, you may be entitled to accident benefits from your own insurer, regardless of fault. Applications have time limits, so ask your insurer for the application package promptly. You may also have a claim against the other driver. Getting advice early can help you understand both claims, the information you may be asked to provide, and how to respond to calls from adjusters.
Conclusion
What to do after a car accident in Ontario is easier to manage when safety, reporting and evidence come first. Contact Booni Law at admin@boonilaw.com or +1 (226) 271-1751 to discuss your next step. No outcome is promised.
Frequently Asked Questions
What information do I have to give after a car accident in Ontario?
On request, the Highway Traffic Act generally requires your name, address, driver’s licence number and jurisdiction, the owner’s name and address, the permit number, and your insurer and policy number.
Do I have to call the police?
Certain collisions must be reported, including those involving injuries. Your local police service may direct you to a collision reporting centre.
What if I forgot to get the other driver’s information?
Contact police and your insurer as soon as possible. Witnesses, video and the police report may help identify the other driver.
Will my insurer help if it was a hit-and-run?
Your own policy may respond through accident benefits and, in some cases, unidentified automobile coverage, subject to policy conditions.
Injured in a car accident? Speak with Booni Law
If you were hurt in a collision and are unsure what to do next, Booni Law can explain your duties, your insurance options and the steps to protect a potential claim. Email Booni Law at admin@boonilaw.com or call +1 (226) 271-1751. Every case depends on its own facts.
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create a solicitor-client relationship between you and Booni Law. The information in this article may not reflect the most current legal developments and should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances. If you require legal advice, please contact Booni Law.
