Can Drivers Injured in Hit-and-Run Accidents Recover Damages?

Hit and run accidents are unfortunately common, despite Ontario laws that prohibit leaving the scene of an accident without stopping or providing contact information. Hit and run accident victims are left to cope with injuries, medical expenses, and lost wages while also struggling to figure out whether they’re entitled to much-needed financial compensation.

In Ontario, a driver injured in a hit and run accident is entitled to compensation. In fact, depending on the circumstances, an accident victim may be entitled to compensation from several sources.

In today’s article, we’ll discuss options for recovering damages after a hit and run. If you or a loved one has been hurt in an accident involving an unidentified driver, we encourage you to reach out to a Sault Ste. Marie and Elliot Lake hit and run lawyer at Feifel Gualazzi as soon as possible. We offer a free, no obligation initial consultation so you can find out whether you have a case. 

Compensation Options for Hit and Run Accident Victims

First, any insured person hurt in an Ontario motor vehicle accident has the right to claim Statutory Accident Benefits (“SABs”), regardless of fault for the accident. A SABs claim covers benefits such as income replacement, medical and rehabilitation expenses, and attendant care benefits. When you make a SABs claim, it’s with your own auto insurance company. Because SABs are paid by your insurer, coverage doesn’t depend on knowing the identity of the other driver. Your benefit limits will be contingent on the level of coverage you obtained when you purchased your automobile insurance policy.

The second possible type of claim is a personal injury lawsuit against the driver who fled the scene. If the at-fault driver is later identified, you can bring a personal injury lawsuit against them, claiming damages such as past income loss, future loss of earning capacity, future care/rehabilitation costs, out of pocket expenses, and damages for pain and suffering. To win a personal injury lawsuit, you’ll need to provide evidence to prove the other driver’s negligence on a balance of probabilities. A car accident lawyer can advise you of applicable limitation periods, help you gather evidence, and advocate on your behalf to get the compensation you deserve.

If the at-fault driver is never located or identified, you have other claim options:

• You can claim against your own auto insurer to recover damages under the Uninsured Automobile Coverage (“UAC”) provisions of your insurance policy. UAC is mandatory for all Ontario auto insurance policies. It’s there to protect you from uninsured or hit-and-run drivers, up to the statutory minimum of $200,000. UAC can provide coverage for medical expenses, lost wages, general damages, and property damage up to the minimum liability limit. 

• If your damages exceed $200,000 and you have OPCF-44R Family Protection Coverage, you can make a claim with your own auto insurer up to your third-party liability coverage amount. For example, if you purchased $2,000,000 third-party liability coverage under your own auto insurance policy, you’ll have access to up to $2,000,000 if you added the OPCF-44R endorsement to your policy. That additional coverage goes a long way if you suffered severe injuries or are permanently disabled as a result of the hit-and-run accident.

  
  

To access coverage under your own policy, you will need to provide evidence to substantiate that your injuries were caused by an unidentified driver. Surveillance footage, dash cam footage, and eyewitness statements are examples of material evidence to support your claim. We welcome you to reach out to our Sault Ste. Marie and Elliot Lake law firm for assistance in securing strong evidence to win your case.

Last Resort: Motor Vehicle Accident Claims Fund

Ontario’s Motor Vehicle Accident Claims Fund (“MVACF”) is the last resort for compensation if you are injured in a car accident and no other insurance is available. A MVACF claim may be possible in several scenarios.

For example, if the at-fault driver is later identified but does not have insurance or the vehicle was stolen, you can sue the MVACF to recover damages up to the $200,000 coverage limit. Similarly, if you were uninsured and don’t have access to SABs coverage through any source, you can apply to the MVCAF for accident benefits up to the coverage limit. This would also apply to pedestrians who were not a listed insured person under any automobile policy or the at-fault driver is not identified or is uninsured.

Steps a Hit and Run Accident Victim Must Take

We’d be remiss if we didn’t talk about the important steps a hit and run accident victim must take to preserve and protect their rights to compensation. In an earlier article, we discussed the essential steps a hit and run accident victim must take after the incident. For the purposes of today’s article, the crucial steps to emphasize are:

1.      Report the hit and run to the police. Call the police from the scene of the accident. If that’s not possible due to your injuries, you or someone on your behalf must report a hit and run accident to the police within 24 hours of the accident. Having a police report is essential to applying for SABs benefits, especially with the Motor Vehicle Accident Claims Fund.

2.      Report the accident to your insurance company as soon as possible, ideally within 24 hours of the accident. Provide the police report number to the insurance company. Ensure you advise your insurance company that you were injured in this accident in order for a SABs claim to be opened.

Failure to take the necessary steps can jeopardize your claim. Reporting a hit-and-run accident to the police is required by Ontario law. If you don’t promptly report the accident to the police and then notify your insurer, it’s likely that the insurance company will consider the accident your fault. Don’t hesitate to reach out to our Sault Ste. Marie and Elliot Lake law firm right away if you need help.

DO YOU HAVE A CASE? CONTACT A HIT AND RUN LAWYER 

Elliot Lake, Sault Ste. Marie, Wawa and surrounding area residents can rely on the personal injury lawyers at Feifel Gualazzi for help navigating the insurance process and obtaining rightful compensation. If you or a loved one has been hurt or fatally injured in a hit-and-run-accident, our team of legal professionals is here to provide you with the support and advice you need.

We are one of Northern Ontario’s largest personal injury law firms, representing people who’ve been hurt in motor vehicle accidents, bicycle accidents, pedestrian accidents, and accidents involving ATVs, motorcycles, and snowmobiles. Our lawyers focus solely on personal injury cases, including civil lawsuits, no-fault accident benefits claims, and complex insurance issues, including coverage in hit and run claims. The Feifel Gualazzi team will fight tirelessly on your behalf to get you the compensation you deserve.  

Contact us today to arrange a free, no obligation case evaluation with a Sault St. Marie and Elliot Lake hit and run lawyer.