Being struck by a car as a pedestrian is a traumatic experience. The situation becomes even more stressful if the driver who hit you doesn’t have car insurance. However, in Ontario, Canada, there are resources available to help you recover, even without traditional insurance coverage. This guide focuses on what to do after being hit by an uninsured driver in Ontario.
The Immediate Aftermath
- Contact Emergency Services: Your top priority is your health. 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, 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 establishing fault and your claim.
Reporting the Accident and the Uninsured Driver
Once medical personnel arrive, inform them that you were hit by an uninsured driver. 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 police will investigate and attempt to locate the driver.
Accessing Accident Benefits: The MVACF
One of the biggest concerns after being hit by an uninsured driver is accessing financial support. The good news is that Ontario pedestrians involved in accidents with 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
Even if you don’t plan to sue the driver, a personal injury lawyer can be a valuable asset. They can:
- Help you understand your legal rights and options when dealing with the MVACF
- Gather evidence and build your case for accident benefits
- Negotiate with the MVACF on your behalf to ensure you receive the maximum compensation possible
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.