Being struck by a car as a pedestrian is terrifying. The situation becomes even more complex if the driver flees the scene, leaving you injured and uncertain about how to proceed. However, in Ontario, Canada, there are steps you can take to protect yourself and access the support you need. This guide focuses on what to do after being hit by a hit-and-run driver in Ontario.
The Immediate Aftermath
- Contact Emergency Services: Your first priority is getting medical attention. Call 911 immediately, regardless of the severity of your injuries. Adrenaline can mask pain, so even if you initially feel okay, a medical professional needs to assess your condition.
- Secure the Scene (if Safe): If you are able, try to move yourself out of traffic to avoid further injury. If possible, turn on your hazard lights (if you have a phone) to alert other drivers.
- Gather Information: While waiting for help, try to recall any details about the vehicle that hit you. This could include the make, model, colour, license plate number (even a partial one), or any unique features. Look for any debris left behind at the scene, such as broken parts or pieces of the vehicle’s exterior.
- Find Witnesses: Were there any bystanders who witnessed the accident? If so, politely ask them to stay at the scene until police arrive and provide their contact information. Witness accounts are invaluable in piecing together the events and potentially identifying the driver.
Reporting the Hit and Run
Once medical personnel arrive, inform them that you were the victim of a hit-and-run accident. This will be documented in your medical report, which can be crucial later. File a police report as soon as possible. Provide the police with all the details you can remember about the accident and the vehicle involved. The more information you can share, the better chance they have of tracking down the driver.
Accessing Accident Benefits: The MVACF
One of the biggest concerns after a hit-and-run accident is accessing financial support. The good news is that Ontario pedestrians involved in accidents with unidentified or uninsured drivers can claim accident benefits through the Motor Vehicle Accident Claims Fund (MVACF). The MVACF is a government-funded organization that provides compensation for medical expenses, lost wages, rehabilitation costs, and other accident-related damages.
Filing a Claim with the MVACF
To file a claim with the MVACF, you will need to submit the following documents:
- A completed MVACF application form (https://www.fsrao.ca/apply-motor-vehicle-accident-claims-fund)
- A copy of your police report
- Medical documentation confirming your injuries and treatment
Importance of a Personal Injury Lawyer
Hit-and-run cases can be complex, especially if you have sustained serious injuries. A personal injury lawyer with experience in pedestrian accident cases can be a valuable asset. They can:
- Help you understand your legal rights and options
- Gather evidence and build your case
- Negotiate with the at-fault driver’s insurance company on your behalf
- Represent you in court if necessary
The Time Limit to Sue
The time limit to sue the at-fault driver in Ontario is two years from the date of the accident. Consulting with a lawyer as soon as possible ensures you meet all legal deadlines and maximize the chances of a successful outcome.