In Ontario, being struck by a vehicle as a pedestrian is traumatic enough, but when the driver flees the scene, it adds another layer of complexity and distress. While hit-and-run accidents can leave victims feeling vulnerable, it’s crucial to know that there are legal protections and resources available to you. This guide will explain the steps to take and your options for seeking compensation if you’re involved in a hit-and-run as a pedestrian in Ontario.
Immediate Actions After a Hit-and-Run
- Prioritize Safety: Your well-being is paramount. Move to a safe location if possible, and if injured, do not attempt to move on your own.
- Call for Help: Dial 911 immediately to report the accident. Provide as much detail as possible about the vehicle (make, model, color, license plate if you saw it) and the direction it fled. Even if injuries seem minor, a medical assessment is essential.
- Gather Information: If you’re able, collect the following details:
- Description of the driver (if you saw them)
- Contact information of any witnesses
- Photos or videos of the scene (if safe to do so)
- Notes about the time of day, weather conditions, and road conditions
- Seek Medical Attention: Even if you feel okay, visit a doctor or hospital as soon as possible. Some injuries may not be immediately apparent. A medical professional can assess your condition and provide necessary treatment.
Accident Benefits for Hit-and-Run Victims
Ontario’s no-fault insurance system extends to hit-and-run accidents. Even if you don’t have car insurance, you can still access Accident Benefits (ABs) through the Motor Vehicle Accident Claims Fund (MVACF). This fund acts as a safety net for victims when the at-fault driver is uninsured or unidentified.
Accident Benefits may cover:
- Medical and rehabilitation expenses
- Income replacement if you cannot work
- Attendant care costs
- Other out-of-pocket expenses
To apply for benefits from the MVACF:
- Report the accident to the police within 24 hours.
- Contact the MVACF directly within 30 days of the accident. You will need to provide them with a police report and any other relevant information.
- Seek legal advice. A personal injury lawyer can guide you through the application process and help you maximize your benefits.
Suing the Unidentified Driver (Through the MVACF)
In addition to Accident Benefits, Ontario law allows you to sue the at-fault driver for damages. In a hit-and-run situation, you would sue the MVACF, who will then try to recover the costs from the unidentified driver if they are ever found.
Legal Action Can Help You Recover:
- Pain and suffering
- Loss of enjoyment of life
- Loss of future income
- Future care costs
Important Considerations
- Statute of Limitations: You generally have two years from the date of the accident to file a lawsuit against the MVACF.
- Legal Representation: It’s highly recommended to consult a personal injury lawyer. They can help you understand your rights, navigate the legal process, and fight for fair compensation.
