Can I Be Charged Later?

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Joined: Tue Feb 14, 2012 12:43 pm

Can I Be Charged Later?

by: rayden on


My car skidded and the side of my car hit a tree. It was my first time in an accident and I (and the other 3 passengers in my car) didn't know what to do. I got out of my car, checked for damages (to the tree and to my car) and ...

- There was no damage to the tree

- But one of my back doors is dented and the window on that door is broken

I didn't know what to do so I drove to the nearest auto shop (about 2km away from the scene of the accident according to Google Maps) to get advice and called the police from there. The officer on the phone told me to stay where I am and they'll send someone over right away.

The officer filled out an accident report and then asked me for a personal statement. Before he took my personal statement, he told me he had some text to read to me as it was procedure. When he read the line "You can be charged under the Highway Traffic Act", he added "which you won't be".

Before he left, he told me that for future reference I should call the police from the scene of the collision and handed me a copy of the accident report.

After he left, I got into the tow truck as my car was being towed to a body shop. I then noticed that the # of occupants in the vehicle was recorded as 1 instead of 4 on the accident report.

I have a couple of questions:

1. He told me I won't be charged under the HTA and he didn't give me any tickets. Is there a possibility that I could still receive a summon later for failing to remain?

2. Is the error on the accident report going to give me any problems? In my personal statement, I did say there were 3 passengers. Do I need to get the report amended?

3. When I called my insurer to report the accident, they asked if the police was at the scene of the accident. I said no and told them what happened. Is that as well as the # of occupants not matching up on the accident report going to cause any issues with my insurer? Could they possibly cause a summon for failing to remain to be issued?

Any advice would be appreciated! Thanks!

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Joined: Tue Feb 01, 2011 8:49 pm
Location: Ontario

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by: Stanton on

1) Yes, police have 6 months to proceed with the charge. Very unlikely though, especially since the officer told you he wouldn't.

2) Very minor error that shouldn't cause any problems.

3) No, the error is on the part of the police and no, insurance companies have no say on charges being laid.

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