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Ontario|Highway Traffic ActGeneral Information 518 Your legal obligations if you are in an accident If you are directly or indirectly involved in an accident that causes property damage, bodily injury, or death, there are several things that you are legally obligated to do. There are also some things that you should do to legally protect yourself if the accident injures someone or causes property damage.
- Stay at the scene
First, you must remain at, or immediately return to the scene of the accident. It is illegal to leave the scene of an accident, whether you were directly or indirectly involved in the accident. You can obtain more information about the offence of failing to remain at the scene of an accident in the Highway Traffic Act section of Legal Line .
- Care for the injured
Second, you must care for the injured person. You should call an ambulance if it appears that someone is injured. You should not touch the injured person unless you have medical training or unless the victim's needs are clear. For example, if a car is burning, you can pull the victim from the car. You should also help prevent further accidents by warning approaching traffic about the accident.
- Call the police
Third, you are legally obligated to call the police when someone is injured or there is significant property damage. You can obtain more information about the offence of failing to report an accident in the Highway Traffic Act section of Legal Line .
- What you should do
There are also several things that you should do. You should write down everything about the accident: the licence plate of the other car, its make, model, and year; the other driver's licence number, address, and telephone number; the name of the other driver's insurance company and their insurance policy number; and the names and phone numbers of witnesses to the accident. Upon request, you must provide in writing, your name, address, phone number, vehicle permit number, and insurance information to other drivers who were involved in the accident, or to police officers or witnesses. But you should be careful about what you say. You should not admit anything. You should not apologize or make a statement to anyone except a police officer. You should not offer to pay for anything, and you should not accept any payments from anyone.
You should contact your lawyer or an insurance agent before you accept a payment or sign a release. You should also keep a record of your medical or mechanical expenses, damaged property, and injuries.
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