Should I or should I not report him?

rmwang
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Should I or should I not report him?

by: rmwang on
Sun Aug 24, 2014 4:21 am

Hi,

A young guy hit my car parked on the private parking lot and just ran a way without hesitation. I have the surveillance video of the scene but I can't tell the licence plate number from the blurry image. I reported the incident to the police in about 30 minutes after reviewing the video clip and an officer came to hear about it and checked the video. The officer told be it is not necessary to report if the damage is under $1000. Dent on the bumper is pretty big and some push clips holding the bumper are popped out. However, it seems under $1000. I don't want to make the situation complicated - I really don't want to make the kid's life miserable.

However, one thing that bugs me is that - my brother told me - it might affect my future insurance rates as a consequence if I fail to report to the insurance company even though I'm 'not at fault'. I'm not sure if the $1000 rule applies to the insurance companies as well.

Should I or should I not report him? Any advice or suggestions would be gratefully appreciated,

Thank you


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CliffClaven
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by: CliffClaven on
Sun Aug 24, 2014 9:32 am

As I understand it, a "hit and run" claim will be counted as an "at fault" collision by your insurance company. At least that's how it is with my insurance company. Consider that if you plan to file a claim to have it repaired. I'm not sure whether the police will automatically notify your insurance company, as you already reported the incident to them.

You already reported the kid's actions to the police. IMO, it's too bad you didn't catch his license plate number so he could be caught and charged for failing the remain. I don't see why you'd care to save him any bother. I understand people get scared, but running away from the scene is the wrong thing to do. Why shelter someone from it?

I just had my car repaired last week from some hit and run damage, and would love the get my hands on the bugger who caused it.


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by: JohnDeere on
Sun Aug 24, 2014 1:25 pm

You unfortunately are not required to report or stay at the scene of an accident if it's under $1000 damage on private property. This happened to my friends car and even though we got the license plate, the cop couldn't charge the driver with fail to remain. And at least with my insurance company, a hit and run accident is "not at fault" but you still need to pay your deductible, which could be as much as $1000.


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by: Stanton on
Sun Aug 24, 2014 1:51 pm

JohnDeere wrote:You unfortunately are not required to report or stay at the scene of an accident if it's under $1000 damage on private property. This happened to my friends car and even though we got the license plate, the cop couldn't charge the driver with fail to remain.
While you can't be charged under the Highway Traffic Act, you could still be charged under section 252 of the Criminal Code. The section makes it an offence to leave the scene of any accident (no minimum damage value) with the intent to escape civil or criminal liability.


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by: JohnDeere on
Sun Aug 24, 2014 9:56 pm

I could be wrong, but I was told the threshold for charging someone with Fail to Stop at the Scene of an Accident (CCC) is much higher than Fail to Remain (HTA), usually involving bodily injury or major property damage; Much like the difference between Careless Driving (HTA) and Dangerous Driving (CCC).


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by: Stanton on
Sun Aug 24, 2014 10:23 pm

While police may sometimes hesitate to use the Criminal Code for minor matters, it actually has a lower threshold then the HTA.
252. (1) Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with
(a) another person,
(b) a vehicle, vessel or aircraft, or
(c) in the case of a vehicle, cattle in the charge of another person,
and with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance.

Evidence
(2) In proceedings under subsection (1), evidence that an accused failed to stop his vehicle, vessel or, where possible, his aircraft, as the case may be, offer assistance where any person has been injured or appears to require assistance and give his name and address is, in the absence of evidence to the contrary, proof of an intent to escape civil or criminal liability.
All that’s required is an accident with another person or vehicle. There is no requirement for a prescribed damage value or injury. The section also states that the very act of a person failing to remain is evidence in itself that they’re trying to escape liability. No intent need be shown although you'd still have to show they were aware of the accident.




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by: Stanton on
Tue Aug 26, 2014 1:47 pm

argyll wrote:I thought any fail to report/remain was reportable regardless of damage.
As per the MTO collision manual, even hit and runs don't need to be reported if they don't meet the injury/damage threshold. That doesn't prevent police from taking a report and investigating the matter however, just that the MTO doesn't need a report.


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