Difference between revisions of "Duties after a Motor Vehicle Collision (13:IV)"

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{{LSLAP Manual TOC|expanded = motor}}
{{LSLAP Manual TOC|expanded = motor}}


== A. General ==
== A. Remain at Scene ==


Vicarious liability of a motor vehicle owner, lessor, or lessee is governed by MVA ss 83-86:
=== 1. Motor Vehicle Act Provisions ===
*An “owner” includes a person in possession of a motor vehicle under a contract by which he or she may become its owner on full compliance with the contract (s 83(1)).
*An “owner” is '''neither''' a seller of vehicles under contracts of conditional sale nor a true lessee (s 86).
*A “lessor” includes a person who, under an agreement in writing and in the ordinary course of the person's business, leases or rents a motor vehicle to another person for any period of time or an assignee of the lease (s 86).
*A “lessee” is a person who leases or rents a motor vehicle from a lessor for any period of time (s 86), and is included as an owner for the purposes of liability under ss 83-83.1 of the MVA.  


In ''Yeung v Au'', 2006 BCCA 217, 269 DLR (4th) 727, the Court of Appeal decided that a vehicle leased with an option to purchase is not a  vehicle that “has been sold” under MVA s 86(3) and that unless and until the lessee should exercise the option to purchase, title remains in  the lessor. The Court concluded that the lessor may be vicariously liable pursuant to s 86(1). The rule in ''Yeung'' has now been codified in MVA s 86(1.2).
Pursuant to ''Motor Vehicle Act'' s 68(1), the driver of a vehicle involved in an accident must:


== B. For Damages ==
a) Remain at the scene or return immediately


Although  the driver  of a  motor  vehicle  is primarily  liable  for damage  caused  by  that  motor  vehicle, under MVA s 86, the owner (or lessor or lessee) will also be vicariously liable for damages caused by that motor vehicle if the driver had the owner’ s express or implied consent to drive. If the driver lives with and  is  a  member  of the  owner’ s (or  lessee’ s) family, the driver  is  deemed  to have  the implied consent of the owner (or lessee). NOTE: It  has  been  argued  that the vicarious  liability provisions  of  the  MVA  create  a  contractual master-servant  relationship  between  owner  and  driver, an implied  term  of which is to  drive with  reasonable  care  and to indemnify  for losses  arising  from  any  breach.  However,  the courts  have  held  that  this  does  not give  an owner  a  right  of  indemnity  (compensation) against a negligent driver who drives with the owner’ s consent: Labentsoff v Smith, [1969] BCJ No 455, 71 WWR 304 (BC Co Ct). The owner and driver are held to be joint tortfeasors. C.For Offences Pursuant to MVA ss 83 and 88, the owner of a motor vehicle is liable for any violation of the MVA or MVAR unless he or she can prove that: a)he  or  she did  not  entrust  the motor  vehicle  to  the person in possession  or  exercised  reasonable care and diligence when doing so (MVA s 83(3));  b)although the registered owner, he or she is not the actual owner (MVA s 83(5)(b)); or c)the person  committing  the  offence  was  not  the  registered owner’ s  employee, servant,  agent  or worker (MVA s 88(3)). Under MVA s 83(4), if an owner is liable for an offence committed by the driver, a fine of not more than $2,000 may be imposed in place of the fine or term of imprisonment specified in the enactment. Under s 83(7), no owner is liable if the driver was convicted under the MVA for: a)driving without a license or without the appropriate class of license (s 24(1)); b)driving while prohibited by order of peace officer or Superintendent (s 95); c)driving while prohibited by operation of law (s 102); d)impaired driving (s 224); or  e)refusing to give a blood sample (s 226(1)).  Generally, where  the driver of motor vehicle has  been  convicted  of  an  offence,  financial  liability rests on him and further relief cannot be sought against the owner of the vehicle. D.Stolen V ehicles If a motor vehicle is stolen, both ICBC and the police should be notified immediately. However, if the owner suspects or knows the identity of the person who allegedly stole the vehicle, the police may be reluctant to pursue the matter. The owner should insist that the matter be investigated.
b) Render all reasonable assistance, and
 
c) Produce, in writing, her or his name and address, the registered owner’s name and address, the vehicle license number, and particulars of insurance.
 
It is an offence to omit to do the duties specified in ''Motor Vehicle Act'' s 68(1). The reason or motive for leaving the scene is irrelevant. Since this is a strict liability offence, the defence of due diligence may be available to an accused.
 
=== 2. Criminal Code Provisions ===
 
Under ''Criminal Code'' s 252(1), it is an offence for a driver involved in an accident with (a) a person, (b) a vehicle, vessel or aircraft, or (c) cattle in the charge of another person to fail to remain at the scene of an accident with the requisite intent of escaping civil or criminal liability. From s 252(2), “in the absence of any evidence to the contrary,” the failure to stop raises a presumption of intent to escape civil or criminal liability. However, if a person charged with a criminal offence can show that he or she left the scene without an intent to escape criminal or civil liability, that person is entitled to an acquittal: ''R. v. Chase'', 2005 CarswellBC 1793, 2005 BCSC 1080. A person who is convicted for failing to remain at the scene of an accident is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or is guilty of an offence punishable on summary conviction (s 252(1.1)).
 
== B. Provide information ==
 
=== 1. Duty to Provide Information Under the Motor Vehicle Act ===
 
If asked, the owner or a person in a motor vehicle that a peace officer believes has been involved in an accident or a violation of the ''Motor Vehicle Act'', must provide any information respecting the identity of the driver at the time of the accident (''Motor Vehicle Act'' s 84). The person has the right to remain silent until he or she speaks to a lawyer, which is advisable in most circumstances.
 
=== 2. Police Accident Reports ===
 
Although accident reports are not open to public inspection, parties to the accident may obtain license numbers from the reports as well as names of drivers, registered owners, and witnesses (''Motor Vehicle Act'' s 249(2)).
 
== C. Duties where damage to unattended vehicles or property ==
 
=== 1. Damage to Unattended Vehicles ===
 
Under the ''Motor Vehicle Act'' s 68(2), the driver, operator, or any other person in charge of a motor vehicle that collides with an unattended vehicle must stop, locate, and notify, in writing, the owner of the unattended vehicle of the name and address of the driver, the operator, or any other person in charge of the motor vehicle as well as the registered owner’s name and address and the vehicle license number. The information must be left in a conspicuous place on the damaged vehicle.
 
=== 2. Damage to Other Forms of Property ===
 
In the event of damage to property other than another vehicle, the driver, operator, or any other person in charge of the motor vehicle must take reasonable steps to locate and notify the owner of the property, in writing (''Motor Vehicle Act'' s 68(3)). The driver must take reasonable steps to provide the following particulars to the owner of the property: the name and address of the driver, operator, or other person in charge of the vehicle as well as the license number of the vehicle and the name and address of the vehicle’s registered owner.
 
{{LSLAP Manual Navbox|type=chapters8-14}}

Revision as of 22:54, 24 November 2018



A. Remain at Scene

1. Motor Vehicle Act Provisions

Pursuant to Motor Vehicle Act s 68(1), the driver of a vehicle involved in an accident must:

a) Remain at the scene or return immediately

b) Render all reasonable assistance, and

c) Produce, in writing, her or his name and address, the registered owner’s name and address, the vehicle license number, and particulars of insurance.

It is an offence to omit to do the duties specified in Motor Vehicle Act s 68(1). The reason or motive for leaving the scene is irrelevant. Since this is a strict liability offence, the defence of due diligence may be available to an accused.

2. Criminal Code Provisions

Under Criminal Code s 252(1), it is an offence for a driver involved in an accident with (a) a person, (b) a vehicle, vessel or aircraft, or (c) cattle in the charge of another person to fail to remain at the scene of an accident with the requisite intent of escaping civil or criminal liability. From s 252(2), “in the absence of any evidence to the contrary,” the failure to stop raises a presumption of intent to escape civil or criminal liability. However, if a person charged with a criminal offence can show that he or she left the scene without an intent to escape criminal or civil liability, that person is entitled to an acquittal: R. v. Chase, 2005 CarswellBC 1793, 2005 BCSC 1080. A person who is convicted for failing to remain at the scene of an accident is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or is guilty of an offence punishable on summary conviction (s 252(1.1)).

B. Provide information

1. Duty to Provide Information Under the Motor Vehicle Act

If asked, the owner or a person in a motor vehicle that a peace officer believes has been involved in an accident or a violation of the Motor Vehicle Act, must provide any information respecting the identity of the driver at the time of the accident (Motor Vehicle Act s 84). The person has the right to remain silent until he or she speaks to a lawyer, which is advisable in most circumstances.

2. Police Accident Reports

Although accident reports are not open to public inspection, parties to the accident may obtain license numbers from the reports as well as names of drivers, registered owners, and witnesses (Motor Vehicle Act s 249(2)).

C. Duties where damage to unattended vehicles or property

1. Damage to Unattended Vehicles

Under the Motor Vehicle Act s 68(2), the driver, operator, or any other person in charge of a motor vehicle that collides with an unattended vehicle must stop, locate, and notify, in writing, the owner of the unattended vehicle of the name and address of the driver, the operator, or any other person in charge of the motor vehicle as well as the registered owner’s name and address and the vehicle license number. The information must be left in a conspicuous place on the damaged vehicle.

2. Damage to Other Forms of Property

In the event of damage to property other than another vehicle, the driver, operator, or any other person in charge of the motor vehicle must take reasonable steps to locate and notify the owner of the property, in writing (Motor Vehicle Act s 68(3)). The driver must take reasonable steps to provide the following particulars to the owner of the property: the name and address of the driver, operator, or other person in charge of the vehicle as well as the license number of the vehicle and the name and address of the vehicle’s registered owner.

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