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Have you sustained injuries in a hit-and-run accident? Are you wondering if you’re entitled to claim compensation for your damages? The legal team at Feifel Gualazzi can help. We specialize in personal injury cases involving motor vehicles and are committed to providing fair representation for all our clients. Contact our team today in Sault Ste. Marie for a free consultation.


What’s A Hit-And-Run Accident?

A hit-and-run accident is the criminal act of striking a pedestrian, motorist, cyclist, other vehicle or structure and then fleeing the scene of the crime without stopping or providing your contact information.


In Ontario, two laws address hit-and-run collisions: the Criminal Code's “fail to stop” law (and the Ontario Highway Traffic Act's “fail to remain” law.

Both laws carry criminal charges for those who commit hit-and-run accidents.

a busy intersection with pedestrians and cyclists crossing the road

What To Do After Getting into A Hit-And-Run Accident

If you’re injured in a hit-and-run accident and the other driver fled the scene, you must act quickly by taking the following steps:


  • Immediately seek medical assistance, even if you think your injuries are minor. Some injuries can take hours, days or even weeks to appear. Receiving a prompt diagnosis can help avoid future complications.

  • Gather as much information as possible about the incident, including the make, model, colour and licence plate of the fleeing vehicle. It’s also a good idea to collect the contact details of any eyewitnesses to increase the chances of identifying the responsible party.

  • Report the incident to the police. Ontario law requires that you notify the police immediately if anyone is injured in a car accident.

  • Gather photo and video evidence of the accident scene, vehicle damage and any other evidence. This will help you make a strong insurance claim and build a compelling case.


Finally, it’s important to seek legal advice as soon as possible. A personal injury lawyer can help you understand your rights and weigh your legal options. Pursuing legal action against a hit-and-run driver can be complex, especially if their identity is unknown.

Compensation For Victims of Hit-and-Run Accidents

Navigating the aftermath of a hit-and-run accident can be a scary and incredibly daunting experience. The physical and emotional toll can leave you feeling overwhelmed and unsure of where to turn for support. However, if you find yourself in the unfortunate situation of being the victim of a hit-and-run and can’t identify the responsible driver, it's important to know that you still have options for seeking compensation and damages.

Scenario 1: Driver’s Identity is Unknown

If you suffered injuries in a hit-and-run accident and can’t identify the driver, you’re still entitled to claim statutory accident benefits through your Ontario auto insurance plan from your damages. These benefits typically include compensation for medical expenses, rehabilitation costs, lost wages and more. You can still access these vital benefits to aid in your recovery and ease the financial burden that may have resulted from the accident. 

In addition to claiming accident benefits , you have the right to sue your own Insurance company pursuant to the unidentified provisions of your auto policy ( Family Endorsement - OPCF 44 ) as if your Insurance Company insured the unidentified at fault driver for pain and suffering , loss of income ; housekeeping/home maintenance and Future Care Costs . In essence your Insurance company will assign two claim’s examiners—one to handle your entitlement to  immediate no-fault accident benefits  for medical re-habilitation, income replacement benefits and possible  attendant care with a 2nd claim’s examiner to handle your claim ( as set out above ) for future losses such as pain and suffering , future loss of income , housekeeping and Future Care Costs.


Scenario 2: Drivers Identify is Known

If you can successfully identify the driver who caused the collision, you may be able to obtain further compensation through their Ontario auto insurance plan, such as pain and suffering and loss of enjoyment of life. Even if the other driver doesn’t have insurance, you may be eligible to make a claim to the Motor Vehicle Accident Claims Fund (MVACF) for your injuries.


If you or a loved one was injured following a hit-and-run accident, the team at Feifel Gualazzi can help. We’ll fight tirelessly on your behalf to seek maximum compensation for your damages. Contact us today for a free consultation with a personal injury lawyer.

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