Being struck by an uninsured vehicle as a pedestrian in Ontario adds an extra layer of stress to an already traumatic situation. However, even if the at-fault driver lacks insurance, it’s important to understand that you still have rights and options for obtaining compensation. This guide will explain the steps to take and the resources available if you’re involved in a pedestrian accident with an uninsured motorist in Ontario.
Immediate Actions After the Accident
- 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. Even if injuries seem minor, a medical assessment is essential. The police will create an official report, which is vital for documenting the accident and establishing the other driver’s insurance status.
- Gather Information: If you’re able, collect the following details:
- Driver’s name, license plate number, and any insurance information they might have (even if they claim to be uninsured).
- 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 Pedestrians Hit by Uninsured Drivers
Ontario’s no-fault insurance system offers protection even if you or the at-fault driver doesn’t have insurance. In such cases, you can 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 underinsured.
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 Uninsured Driver (Through the MVACF)
In addition to Accident Benefits, Ontario law allows you to sue the at-fault driver for damages. In the case of an uninsured driver, you would sue the MVACF, who will then try to recover the costs from the uninsured driver.
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.
