What Happens If you Don’t Report a Car Accident in Calgary

Car accidents can be chaotic and stressful, whether it’s a minor collision or a major crash. In the aftermath, drivers often grapple with what to do next. In Calgary, reporting a car accident isn’t just a matter of procedure; it’s a legal requirement. Failing to report a car accident can lead to serious consequences that affect your legal standing, insurance claims, and financial stability. Let’s dive into what happens if you choose not to report a car accident in Calgary and why taking the right steps is essential.

When Are You Legally Required to Report an Accident?

In Alberta, the Traffic Safety Act mandates that drivers must report any car accident that results in injury, death, or if property damage exceeds $2,000. It may be tempting to skip this step, especially if the accident appears minor, but underestimating the extent of the damage can lead to costly mistakes.

Scenarios Where You Must Report an Accident:

Injuries or Fatalities: Any collision involving injuries, no matter how minor, must be reported to the police immediately. This is non-negotiable and helps ensure proper medical care and legal documentation.

Property Damage Over $2,000: Vehicle repairs are expensive, and even a minor dent or scratch can easily exceed the $2,000 threshold. It’s safer to report the incident rather than assume the damage is insignificant.

Hit and Run Cases: Whether you’re the victim of a hit and run or the driver who fled the scene, you are legally required to report the incident to the authorities. Neglecting this obligation may lead to significant legal consequences.

Ignoring these reporting requirements can lead to a range of issues, from fines to potential criminal charges, depending on the nature of the incident.

Legal Ramifications of Not Reporting an Accident

Failing to Calgary car accident report is not taken lightly. The law requires you to document the incident for public safety and legal clarity. When you don’t, it can backfire in several ways.

1. Fines and Penalties

Not reporting an accident that meets the legal criteria can result in fines ranging from $115 to $2,000. While a minor fender bender might seem inconsequential, if it’s discovered that the damage exceeded the threshold and wasn’t reported, you could be hit with a hefty fine.

Traffic Violations: Beyond fines, failing to report an accident can lead to traffic violation points on your driving record. Racking up excessive demerit points could lead to soaring insurance rates or, in some cases, a temporary suspension of your driver’s license.

Criminal Charges: In severe cases, such as when injuries or fatalities are involved, failing to report can lead to criminal charges. Charges like “failure to remain at the scene” or “hit and run” carry significant legal repercussions, including potential jail time.

The legal risks are substantial, making it crucial to follow the reporting rules to avoid escalating the situation further.

Impact on Your Insurance Claim

One of the most immediate and costly consequences of not reporting a car accident is its effect on your insurance. Reporting the incident promptly is key to ensuring your insurance company has all the necessary information to process your claim.

2. Claim Denial

Insurance companies require an official accident report to verify the details of the incident. If you fail to report the accident, you risk having your claim denied entirely, leaving you to cover repair costs and medical expenses out of pocket.

Unpaid Repairs: Without a report, your insurer may refuse to pay for vehicle repairs, even if the other driver was at fault.

Medical Expenses: Injuries from car accidents can have delayed symptoms. If you haven’t reported the accident, your insurer may decline coverage for medical treatments related to the incident.

3. Higher Insurance Premiums

While it might seem like avoiding a report will keep your insurance rates from increasing, the opposite is often true. If your insurer finds out about the accident later, they may classify it as an unreported incident, leading to a substantial hike in your premiums.

Red Flags: Failing to report an accident raises red flags for insurers, making you appear as a higher risk. This may lead to a spike in your insurance rates or, in severe cases, the termination of your policy.

By reporting the accident, you protect your insurance coverage and maintain transparency, which is critical for a smooth claims process.

Hit and Run: The Most Serious Consequence

In Calgary, a hit and run is one of the gravest offenses related to car accidents. Leaving the scene without reporting the incident can escalate a minor accident into a major legal problem.

4. What Constitutes a Hit and Run?

A hit and run occurs when a driver involved in an accident leaves the scene without providing their information or contacting the authorities. This applies whether you hit another vehicle, a pedestrian, or even a stationary object.

5. Penalties for Hit and Run

The penalties for a hit and run offense in Calgary are severe:

Fines and Imprisonment: Depending on the severity of the accident, fines can range from $2,000 to $50,000. In cases involving injuries or death, the driver may face imprisonment for up to five years.

Loss of Driving Privileges: Your driver’s license may be suspended or revoked for an extended period, significantly impacting your mobility and daily life.

Criminal Record: A hit and run conviction often results in a permanent criminal record, affecting your job prospects, travel ability, and personal reputation.

Avoiding the temptation to flee the scene and properly reporting the accident can save you from these severe legal consequences.

Why Reporting an Accident Is Always the Right Choice

Even if the accident seems minor or you’re concerned about your insurance rates increasing, reporting the accident is the best course of action. The legal protection and peace of mind far outweigh any temporary inconvenience.

Benefits of Reporting:

  • Legal Compliance: You fulfill your legal obligations, reducing the risk of fines and penalties.
  • Accurate Documentation: An official report helps establish the facts of the case, supporting your version of events and aiding in any disputes.
  • Protection for Future Claims: Reporting the accident ensures you are eligible for insurance coverage, both now and for any delayed injuries that may arise later.

Conclusion

Failing to report a car accident in Calgary can have serious legal, financial, and personal consequences. From fines and criminal charges to denied insurance claims and increased premiums, the risks are not worth the potential hassle. By promptly reporting the incident, you protect yourself legally, safeguard your insurance coverage, and ensure a fair resolution.

If you’ve been involved in a car accident, take the time to report it properly. Consult a legal professional if you’re unsure about your obligations, and follow the necessary steps to document the incident. It’s better to be safe than sorry when it comes to your legal and financial future.

About Donald I.M. Outerbridge

Donald became the Executive Director of Merchant Law Group LLP starting in 1993, nearly 30 years ago. His experience managing law firms at various levels and in multiple provinces across Canada goes back even further to 1981.