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

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{{REVIEWED LSLAP | date= August 21, 2020}}
{{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).
* b) Render all reasonable assistance, and


'''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) Produce, in writing, their name and address, the registered owner’s name and address, the vehicle license number, and particulars of insurance.


== C. For Offences ==
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.


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:
=== 2. Criminal Code Provisions ===
*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 ''Criminal Code'' s 320.16(1), “everyone commits an offence who operates a conveyance and who at the time of operating the conveyance knows that, or is reckless as to whether, the conveyance has been involved in an accident with a person or another conveyance and who fails, without reasonable excuse, to stop the conveyance, give their name and address and, if any person has been injured or appears to require assistance, offer assistance.


Under s 83(7), no owner is liable if the driver was convicted under the MVA for:
== B. Provide information ==
*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 a 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. 
=== 1. Duty to Provide Information Under the Motor Vehicle Act ===


== D. Stolen Vehicles ==
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 they speak to a lawyer, which is advisable in most circumstances.


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.
=== 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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Revision as of 22:51, 28 September 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 21, 2020.



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, their 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 320.16(1), “everyone commits an offence who operates a conveyance and who at the time of operating the conveyance knows that, or is reckless as to whether, the conveyance has been involved in an accident with a person or another conveyance and who fails, without reasonable excuse, to stop the conveyance, give their name and address and, if any person has been injured or appears to require assistance, offer assistance.”

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 they speak 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.

© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.