Being involved in a hit-and-run accident in Ontario can be a distressing and overwhelming experience, especially if you’re injured and the responsible driver flees the scene. In these situations, it’s important to understand your legal options and how to navigate the complex process of seeking compensation.
Report the Accident to the Police
If you're injured in a hit-and-run accident, the first step is to report the incident to the police. They will investigate the accident and attempt to identify the at-fault driver. Make sure to provide as many details as possible, including the location, time, any identifying features of the vehicle, and the direction it was heading. Even if the driver is never located, filing a report is crucial for your claim. The police can question witnesses, surrounding businesses, and homeowners, and also request any video footage from businesses, homes, or banks.
Claim Through Your Own Insurance (Uninsured Motorist Coverage)
In Ontario, your own auto insurance policy can help if you're injured in a hit-and-run accident. Most policies include coverage for accidents involving uninsured or unidentified drivers, typically under the Uninsured Automobile Coverage section. This coverage can help you recover compensation for medical expenses, lost wages, and pain and suffering.
However, it’s important to note that there are specific time limits for reporting a hit-and-run accident to your insurance company (usually within 24 hours), and failure to do so can affect your claim.
Accident Benefits (SABS)
In Ontario, regardless of fault, you are entitled to accident benefits under the Statutory Accident Benefits Schedule (SABS). This means you can receive compensation for medical and rehabilitation expenses, attendant care expenses, income replacement, non-earner benefits, and other benefits, even if the at-fault driver is unknown. These benefits are paid by your own insurance company and do not depend on the identification of the other driver.
Pursue a Lawsuit (If the Driver is Found)
If the hit-and-run driver is located, you may be able to pursue a lawsuit against them for additional compensation. This can include claims for pain and suffering, loss of future income, and other damages. It’s important to note that pursuing a lawsuit may require gathering substantial evidence, including medical records, witness statements, and accident reports.
Consult with a Lawyer
If you’ve been injured in a hit-and-run accident, consulting with a personal injury lawyer is highly recommended. A lawyer can guide you through the process of filing your insurance claim, negotiating with your insurer, and pursuing legal action if necessary. They can also help ensure that you receive the maximum compensation available for your injuries and losses.
A hit-and-run accident in Ontario can be traumatic, but knowing your legal options can help you secure the compensation you deserve. Whether it’s through your own insurance, accident benefits, or a potential lawsuit, there are avenues available to ensure you’re not left financially stranded after such an incident.