Should You Call the Police and Your Insurer After a Minor Crash? A Plain-Language Guide for Ontario Drivers

Hard to believe a car accident can happen in a parking lot, but that’s exactly what effectively spoiled your day.

Although shaken up, you feel you managed the situation quite well, exchanging information with the other driver, even taking pictures on your phone of the damage done to your car (and to the front of the other driver’s car). You notified your insurance agent. You called the police, and after answering a few questions, were directed to the CRC. Albeit damaged, the car was driveable, and you were able to get home to share the details with your family. 

Still a bit shaky , you’re feeling foolish.  After years and years of safe driving, you get hit in a parking lot! Can a situation be more ironic? Even your insurance agent, taking down the report, consoled you by mentioning your previously unblemished record. (Still, you thought he sounded a bit ‘cagey’ when you asked whether your premium would be going up…)

In Ontario, report a collision to police or a Collision Reporting Centre if anyone is injured, combined damage appears over $5,000, public property is damaged, or a crime is suspected. If the cars are drivable and it’s non-emergency, start the report and attend the Centre within 24 hours. Tell your insurer within 7 days if you plan to claim.

Things to know and where to find answers after a minor crash in Kitchener or Waterloo:

• The Ontario Highway Traffic Act

OntarioHighwayTrafficAct.com  is an online community in which members  share their knowledge to  help people make informed decisions about driving and about traffic tickets.

• Collision Reporting Centre (CRC)

The Ontario Highway Traffic Act requires that all collisions in which a) persons were injured or b) where property damage is valued at more than $5,000  be reported to police as soon as possible.

• Ontario Minor Injury Guideline (MIG)

The minor injury guideline is a framework used by insurance Companies  in Ontario to classify certain injuries and limit the medical benefits  available to accident victims. When your injury is classified under the MIG,  it restricts your access to treatment and puts a cap on the benefits  you can claim.

• Statutory Accident Benefits Schedule (SABS)

The Financial Services Regulatory Authority of Ontario supervises the auto insurance sector, and SABS, the Statutory Accident Benefits Schedule is included in all automobile insurance as standard coverage.

No-fault insurance streamlines the claims process because your claim is handled solely by your own insurer.

A ‘fender bender’ can cause serious injury

The body can absorb force even when the damage to the car appears small. Stiff seats and head restraints are designed to protect drivers and passengers in high-speed crashes, but  are less helpful in low-speed impacts in preventing strain and soft tissue damage.            

When must you call police?

Under Ontario rules and police guidance, you must file a police report if:

• anyone has been injured or killed
• the combined damage (to vehicle or property) exceeds $5,000
• highway or public property has been damaged (signs, guardrails, lighting)
• a criminal offense in suspected (leaving the scene, impaired driving)

What are the possible legal consequences of failing to report an accident to the police?

If any of those factors listed under the police guidance rules are present and you fail to file a police report, you may suffer legal consequences, including:

• a fine of up to $1,000
• statutory victim surcharges
• court costs
• demerit points
• increase in insurance rates
  
  

Is it illegal to call police for a “very small” accident?

It’s never illegal to seek guidance. The police will direct you to CRC if that is the most appropriate course of action.

Note: If in doubt, call non-emergency police, they will advise whether to attend a CRC or just exchange information with the other driver.

Collision reporting centres for non-emergency situations:

If two things are true: (your vehicle is drivable and there appear to be no serious injuries), you: 

1. start an online or phone report
2. attend a Collision Reporting Centre within 24 hours.
   
   

Do you have to call your insurer after a minor crash?

According to FSRA, you are to file a report with your insurer (or the agent or broker for that company) as soon as possible after the accident,  but within seven days if you want to claim benefits.

Any time you:

• want repairs paid by the insurance company
• think you might in fact have an injury
• think the other driver might report the accident
• you’re unsure who is at fault
  
  

Think twice –

Your policy might allow you to “pay out of pocket” and avoid filing a claim, but…

• the other driver might report damages (and your insurer could  then deny paying on the grounds that you failed to properly  notify them.
• you could later develop pain or concussion symptoms, and it would be easier for your insurer to deny benefits, saying your problems are unrelated to the accident.

The importance of keeping records

• At the scene, exchange phone numbers, addresses, driver’s licenses, insurance details, license plate numbers. If there are bystanders, take notes on their comments.
• Keep notes on every telephone call with the insurer or agent, and with the police.
• If you visit a doctor or clinic to check on possible physical effects of the accident, keep all notes on those visits.