It is illegal to leave the scene of an accident if it results in property damage, injury or death. If another driver hit your parked car and fled – whether you were in it or not – it is considered a hit-and-run.
The insurance company will likely deem the fleeing driver as uninsured. If the driver cannot be found, your uninsured automobile coverage could help compensate you for the damage to your car. This coverage is mandatory in all standard Ontario auto insurance policies. If the driver is located and your damages are significant, you may be able to file a lawsuit against him or her to try and recoup your losses.
Failing to remain or return to the scene of an accident is an offense under the Ontario Highway Traffic Act. If a driver hit your parked car and then fled the scene, he or she could face the following penalties:
A fine between $400 and $2,000; or
Up to six months in jail, or both
Demerit points added to his or her driving record
License suspension for up to two years