Hit-and-run accidents can be particularly devastating for motorcyclists. The physical and emotional trauma is compounded by the added stress of dealing with an unknown party. In Ontario, even if the at-fault driver flees the scene, you’re not without recourse. This guide outlines the steps to take and the benefits available to you.
Immediate Steps After a Hit-and-Run Motorcycle Accident
- Prioritize Safety: Your well-being is paramount. Move to a safe location, away from traffic, if possible.
- Seek Medical Attention: Even seemingly minor injuries can have delayed complications. Prompt medical evaluation is crucial.
- Report the Accident: Contact the police immediately. Provide as much detail as possible about the fleeing vehicle (make, model, color, license plate, direction of travel).
- Gather Evidence: If possible, take photos of the scene, your injuries, and any damage to your motorcycle. Note any witnesses who might have seen the incident.
- Contact a Personal Injury Lawyer: An experienced lawyer can guide you through the legal process and ensure your rights are protected.
Claiming Accident Benefits (AB): Your Financial Safety Net
In Ontario, every auto insurance policy includes Accident Benefits (AB), regardless of fault. These benefits are designed to support your recovery and compensate for various losses:
- Income Replacement Benefits (IRB): If you’re unable to work due to your injuries, IRB can replace a portion of your lost income.
- Non-Earner Benefits (NEB): If you were unemployed or a student at the time of the accident, NEB can provide financial support.
- Attendant Care Benefits (ACB): If your injuries require assistance with daily activities, ACB covers the costs of an attendant or caregiver.
- Medical and Rehabilitation Benefits: These cover medical expenses like hospital stays, medications, therapies, assistive devices, and more.
Initiating a Lawsuit: Holding the Unidentified Driver Accountable
Even if the at-fault driver remains unidentified, you can still pursue a lawsuit. In Ontario, the Motor Vehicle Accident Claims Fund (MVACF) steps in to cover damages in hit-and-run accidents.
By filing a lawsuit against the MVACF, you can seek compensation for:
- Pain and suffering
- Lost income (beyond what AB covers)
- Future care costs
- Other losses caused by the accident
Key Considerations for Ontario Riders
- Insurance Coverage: Ensure you have adequate insurance coverage, including Uninsured Automobile Coverage, which protects you in hit-and-run situations.
- Witness Information: If possible, obtain contact information from witnesses. Their statements can be crucial in establishing liability.
- Legal Representation: Consult a personal injury lawyer as soon as possible. They can navigate the complexities of hit-and-run cases and maximize your compensation.
Don’t Let a Hit-and-Run Derail Your Recovery
Remember, you have options even if the driver who caused your motorcycle accident flees the scene. Ontario’s legal and insurance systems provide pathways to compensation and support. With the right legal counsel, you can focus on your recovery while your lawyer fights for your rights.