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Daniel Freudman
Daniel Freudman, Lawyer
Category: Canada Law
Satisfied Customers: 1258
Experience:  Lawyer
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My company vehicle was involved in a hit and run. At the

Customer Question

My company vehicle was involved in a hit and run. At the time there was no insurance on the vehicle. When I received a message from the police notifying me of the accident I knew nothing of it, I was told to bring the vehicle, the driver, and the owner. There is no damage to my vehicle. I spoke with a lawyer and they advised me that the driver doesn't need to write a statement but if i take the vehicle there it probably will be impounded. So I was trying to figure out whom may have been driving I got another call from the police stating if the driver or a rep doesn't show up then the company will be charged for a hit and run. what doest this mean to my company
Submitted: 4 months ago.
Category: Canada Law
Expert:  Daniel Freudman replied 4 months ago.

The company cannot be charged with hit & run. Although some offences apply to corporations (e.g. violations of securities regulations, etc.), hit & run is not one of those offences. Just like a company cannot be charged with assault or murder.

That being said, if the person who was hit becomes aware of the culprit, since X was driving the company vehicle, the person who got hit could not only sue X but also the company arguing that the company is vicariously liable for X's actions and also that the owner of a motor vehicle is responsible for that vehicle (civilly, not criminally in this case).

In summary, your company car being involved in the hit & run could lead to a lawsuit against the company (albeit one which automobile insurance would likely cover) but I cannot see any way it would lead to criminal charges for hit & run against anyone other than the actual driver.

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