
What is Fail to Remain?
Charged with Fail to Remain in Ontario? Know What You’re Facing.
Leaving the scene of an accident can lead to severe fines, demerit points, a suspended license, skyrocketing insurance, and even jail time. Understand what counts as Fail to Remain and speak with a lawyer before you talk to the police.
What is Fail to Remain?
Fail To Remain falls under Highway Traffic Act (HTA) Section 200
HTA Section 200 states that where an accident occurs on a highway, every person in charge of a vehicle or street car that is directly or indirectly involved in the accident shall:
(a) remain at or immediately return to the scene of the accident;
(b) render all possible assistance; and
(c) upon request, give in writing to anyone sustaining loss or injury or to any police officer or to any witness his or her name, address, driver’s license number and jurisdiction of issuance, motor vehicle liability insurance policy insurer and policy number, name and address of the registered owner of the vehicle and the vehicle permit number. R.S.O. 1990, c. H.8, s. 200 (1); 1997, c. 12, s. 16.
In addition, drivers charged with Fail to Reman often get charged with Careless Driving too!

If You Fail To Remain at the scene of an accident and are caught, the Police Will Contact You.
If you fail to remain at the scene of an accident and someone calls the licence plate number on your car in to the Police, an experienced Fail to Remain detective who will contact you with a demand the you come to the Police Station for an interview. The minute the police contact you, you should immediately seek legal advice.
Meeting with the Police
While it is always advisable to be polite and to cooperate with the Police, a key thing to remember is that the Police are allowed to lie to you, but you are not allowed to lie to the Police.
Interview with Police Under Caution
The interview will likely begin with the Detective cautioning you that anything you say could be used against you in court. This means that the evidence the Police have obtained so far suggests that you may have committed an offence. The interview will give you the opportunity to provide an explanation of the events that have happened. However, if during the interview something you inadvertently say indicates you have committed an offence, you may be charged with Fail to Remain, so do not give statements to the police without having legal advice first.
Why do drivers leave the site of an accident?*
They have urgent family matters to attend to
They have no insurance
They do not wish to involve their insurance company for fear their rates will increase
They have drunk to much alcohol and are afraid they'll get charged with a DUI
They do not have a valid Driver's Licence
They are driving while their Driver's License is suspended
They truly did not realize they had hit another vehicle
*The law requires that drivers must report an accident . No reason for not reporting is acceptable.
Charged with Fail to Remain?
If you’re charged with Fail to Remain, you best course of action is to call
1-888-808-2774 and speak directly to a member of our legal team to discuss how we can fight to preserve your right to drive.
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