I was exiting an underground parking lot where I had to insert a parking slip into a machine to get the mechanical arm to raise. I then mashed the accelerator a bit too hard and unfortunately my wheels were turned toward the guard pole. It knocked my mirror off and gave my car a nice scratch along the side. I panicked and was so embarrassed I didn't even check the damage to my vehicle or the pole.
I'm sure someone saw me, not sure they d care enough to report it, probably just laughed at the idiot who messed up his ride. The fact remains I damaged the pole and am on camera doing it.
Now I m over thinking this and am online looking at potential penalties. I should have just saved myself the worry and reported it. I'm scared I'm going to get hit with a fail to remain, fail to report, careless driving or something.
Should I report this even though it's been almost 3 days? Whats the worst that can happen if I don't? Any input would be appreciated.
I think Hajivasilis actually stands for the opposite proposition. In that case, the charge was failing to report under s. 199(1). The collision happened in a private parking lot. JP Cremisio reviewed the relevant case law and then concluded (at paragraph 19): "Relying on the jurisprudence which I have quoted, I am satisfied that the accident in this matter occurred on a private property, and not on a highway, and that the provision of Section 199(1) of the Highway Traffic Act do not apply." He then dismissed the charge.Stanton wrote:Actually, the requirement to report accidents applies everywhere, even on private property. Recent case law (R v. Hajivasilis) has clarified this. If the accident results in any injuries and/or $1,000+ damage (vehicles and property included), you must report that accident.
I'd also point out that Hajivasilis is just a decision of the Ontario Provincial Offences court, and thus is not binding on other JP's, but the cases reviewed in that case from higher courts are and they seem to support JP Cremisio's conclusion.
NOTHING I SAY ON HERE IS LEGAL ADVICE.
http://canlii.ca/en/on/onca/doc/2013/20 ... nca27.htmlMany provisions of the HTA are by their terms limited to Ã¢Â€ÂœhighwaysÃ¢Â€Â. Other provisions, however, are not so limited. Nothing in the overall structure of the HTA or its purpose compels the reading of the word Ã¢Â€ÂœhighwayÃ¢Â€Â into sections in which it does not appear. Section 199 is one such section. I would hold that the reporting requirement in s. 199 generally applies even if the accident does not occur on a Ã¢Â€ÂœhighwayÃ¢Â€Â as defined in the HTA.
I'm a new driver and I've definitely learned from this incident. I'm just glad it happened with a guardrail and not another vehicle.
I've since went back and although there is noticeable damage(parking lot is pretty new so the pole was mint before I hit it..), by the time someone who would care notices it, I'm hoping it's not serious enough to look back on the security cameras. If there's ever a next time I will definitely do the right thing and report it. It's just not worth it to run from something, especially something a fresh coat of paint would solve!(Not mentioning the damage to my vehicle but that ones on me..).
I was just so embarrassed, this kind of behavior is uncharacteristic for me and I hated the thought of being in the same category as a hit and run driver.