Fail to Report Accident

• three (3) demerit points
• fine up to one thousand ($1000.00) dollars
• conviction registered on the driving abstract for 3 years.
• dramatic increase in insurance rates

At OTT Legal we fight your Fail to Report Accident ticket to win your case.

When you call OTT Legal, you will speak to former police officers from the Ontario Provincial Police and paralegals, all licensed by the Law Society of Ontario – people with actual court experience with accidents and fail to report traffic tickets.

A fail to report traffic ticket can dramatically affect your insurance rates, as insurance companies classify these tickets as a failing to remain incident and a major insurance violation.

Fighting a fail to report charge first involves looking at the essential elements of the charge and do they fit or apply to what happened.

With failing to report the Highway Traffic Act talks about the damage being “apparently over two (2) thousand dollars“.  The police officer may have one opinion and the drivers have a completely different view based upon their experiences with damage.

The damage limit maybe very obvious in some circumstances and less clear in others.  In trials for failing to report, this opinion evidence is crucial to your defence.

I slightly bumped the rear of the car in front, very minor, and we just exchanged information.  The other driver got an estimate which ended up being $2.300 dollars, then called the police who came and gave me a ticket.  I called OTT, seemed liked they had seen cases like mine before…  About 2 months later I received a letter saying the charge had been dropped, I didn’t even have to go to court.  Thanks OTT highly recommend. P. Vorvis Toronto

In defending fail to report charges the police and prosecution have to prove the essential elements of the charge to the court, including the who, what, when, where and how.

As well the prosecution must prove that the damage was apparently over two (2) thousand dollars to the drivers and that knowing this they did not report the accident to the police forthwith.

Subsequently in the trial usually there are two issues:

• was the damage apparently over two (2) thousand dollars?
• given the circumstances what does forthwith mean?

During the trial it will be important to cross-examine witnesses, bring forth any evidence like body shop bills and present the legal arguments for this charge.

Would you like to talk to someone about your traffic ticket? Send us an email. We can help!

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