A hit-and-run accident is an obnoxious and inhuman act. It is when a vehicle, person, personal property, or, in some cases, an animal is struck by another vehicle. The driver who causes the harm then runs away from the crime scene. Further, they do that without informing the authority or leaving a message on the wrecked car or property.
Leaving the accident scene is a criminal act, and you get penalties. In this article, we’ll learn about the minor hit-and-run charges in Canada holds.
Table of Contents
What is Considered a Minor Hit-and-run Accident?
A hit-and-run accident can cause your vehicle significant to small damages. Here the term minor hit and run denotes that the incident causes less severe damage to your vehicle. Most parking lot accidents or hit-and-run cases in the owner’s absence fall under minor cases.
For example, it can cause bruises to your car’s body, fade the colour or may break the car’s looking glasses.
On the other hand, hit-and-run accidents on the road can be quite hazardous and may harm you and your vehicle to a great extent. It is indeed a severe crime and may not fall under minor hit-and-run cases.
What are the Penalties for Minor Hit-and-run in Canada?
Hit-and-run charges can be a heavy burden. Even someone not involved in the accident may be required to explain why they didn’t stop. When the claim is proven, the suffering can be just as bad as the victim.
The desire to get out of this circumstance often gets more complicated. Rather, dropping by would benefit both parties.
According to Section 252 Criminal Code of Canada, being involved in an accident and failing to stop at the scene is a serious offence. If an individual is convicted of this offence, their driving license may be automatically revoked for up to 3 years. Also, insurance rates may rise by 50% or more.
Based on the Highway Traffic Act, the driver will drop 7 points on his license and face a 30-day driving suspension. It can last up to two years in some circumstances. There are also penalties to provide a fine between $400 to $2000. Again, the individual responsible might face 6 months in prison, regardless of these punishments.
Sentences for hit-and-run under the Criminal Code of Canada are as follows:
- A criminal record for life
- License suspension for 1-3 years
- Probation time
- A sum of money as fine
But it isn’t all. The fine and length of imprisonment can increase based on the case’s nature.
How to Report a Claim for Minor Hit-and-run Accidents?
Driving in Canada requires following several rules and restrictions. Once you obtain your license and understand the regulations of the road, you must be prepared for the unexpected. Sadly, accidents happen every day.
If you get involved in an accident, you must notify your insurance provider and, in most cases, the police. The guidelines vary by region, but wherever you reside, it’s a good idea to get ready to make the call in any situation.
When to claim a hit-and-run accident in Canada?
Police officers do not visit every accident scene. So, drivers are not necessarily compelled to contact the police following a collision. However, there are a few situations in which you must contact the police on the spot:
- If vehicle damage is equal to or more than the regional threshold. In Alberta, the provincial damages limit is $50,000 plus. If the damage surpasses this limit, you should call the police.
- If Individuals get injured
- Potential Criminal Code infractions, such as impaired driving
- If a government car is involved in the crash
- If a vehicle is transporting hazardous materials
- If a pedestrian or biker is involved in the accident
- If either of the drivers refuses to comply or flees the scene.
You may be unsure whether you need to call the police after an accident. Estimating the extent of property damages can be challenging.
To secure everyone, it’s a smart option to report even if you’re unsure. If required, the authorities can solve it. So, you can call your local police from the accident scene to report the accident.
Claiming report to the insurance company
In such situations, you must notify your insurance company of the collision. You should do it within 48 to 72 hours of the incident, but as soon as feasible.
The Insurance Bureau of Canada has a draft Accident Report Form that you can bring with you to help you remember essential data. These facts include witnesses’ names, contact information, ownership, and everyone involved in the crash.
In Canada, you must normally keep evidence of insurance in your vehicle. The company’s contact information should be included on those documents.
What is the Compensation for Minor Hit-and-run Injuries?
Even if your injuries in the vehicle accident were modest, your lawyer would nonetheless seek reimbursement for your losses.
On the other hand, an automobile accident minor injury claim is legally restricted to $3,500 for each injury.
You cannot seek suffering and pain damages for minor injuries in Canada if your losses are considered serious. The term “serious” refers to physical disfigurement or serious mental, physical or psychological problems.
Your injury must be severe to claim major damages such as traumatizing for a long time, loss of future learning capacity, or pain and suffering. If the person has a mild injury, this might dramatically reduce the amount of compensation they can receive.
What Happens If Alcohol is Involved in Hit-and-run Cases?
If Alcohol was later discovered in the accident, and the suspect left the scene to escape detection for an allegation such as drinking and driving that results in injury or death, the sentence would be harsher than if the defendant fled the scene simply because he panicked.
Of course, how the accused drove that resulted in the accident is always a consideration in the sentence. If the accused’s disability led to the reason for the accident, this could be a mitigating element that would raise the punishment.
It is not uncommon for accused persons convicted of failing to stay at the scene of a collision to spend more than two (2) years in prison if there was a fatality. If drinking were a part, the penalty would be much harsher.
Again, the accused’s history, as well as whether or not they have a past criminal record, plays a role in the sentence. Here, Professional Criminal Defence Lawyers will ensure that the client’s past is thoroughly investigated through psychiatric evaluations.
What to Do If You are Accused of a Hit-and-run Accident?
A hit-and-run offence is significantly more serious than a simple traffic ticket and will be relentlessly pursued in court. If you have already been prosecuted for a hit-and-run offence, you will require the immediate assistance of an expert criminal lawyer. In this circumstance, continuing to defend yourself in court is not recommended.
A hit-and-run accident does not have to destroy your life. If you’ve recently been accused of escaping the scene of an accident in Canada, contact hit-and-run lawyers about how they can help protect your rights, seek the best possible conclusion and help you get your life back on track.
What Happens If a Hit-and-run Occurs in a Parking Lot?
Did you ever collided with the bumpers of a car in a parking lot and left a note? Did you come back to your vehicle and see a dent on it? These are hit-and-run accidents or failing to remain at the scene.
Smashing a parked car on the street without leaving a message or contacting the owner leads to the same hit-and-run penalty as those minor parking lot instances. It appears to be much more severe.
However, the identical part of the law applies. It usually occurs at late-night or early in the morning, and the cops are always suspicious that the driver was likely drunk at the time. Even pinching mirrors and failing to leave a note constitutes a hit-and-run incident.
Final Words
A car collision should be reported regardless of how it occurred. Even if the accident is minor, casualties and property damage must be assessed. So if you were in an accident and left the scene too fast, you could face legal ramifications; contact a criminal defence lawyer as soon as possible. Hope this guide helps you understand the hit-and-run lawsuit in Canada precisely.
FAQ
Is hit-and-run a criminal offence?
Yes, it is classified as a criminal offence in Canada that can have serious consequences. The penalty for hit-and-run criminal cases can be six months in jail or a fine between $400 to $2000 based on the severity.
What is the punishment for a hit and run in Canada?
Drivers who abandon the scene of an accident may face federal and provincial sanctions, including a fine ranging from $400 to $2,000. A maximum of six months in prison can also apply.
What should I do if I hit a parked car in Canada?
If you collide with a parked car, leave a note behind with your contact information. Take photos of both cars and the damages. Notify your insurance company of the accident and make arrangements for a tow truck. It will help you avoid any charges or penalties.
