According to AAA, in approximately 12% of all car accidents, a driver leaves the scene immediately after the accident occurs. These accidents are known as “hit-and-runs” and can happen anytime to anyone. All accidents can leave victims with physical injuries, severe emotional trauma, and financial uncertainty, but hit-and-run accidents come with the added stress of confusion and lack of accountability from the other driver fleeing the scene of the accident and often remaining unknown.
If you’ve been seriously injured in a hit-and-run accident, you may still be covered under Ontario’s no-fault insurance system for accident benefits such as medical expenses, lost wages, and other costs.
However, it is important to note that the accident benefits claim process can be complex, and understanding your rights is crucial.
Understanding Ontario’s No-Fault Insurance System
Ontario’s automobile insurance system includes access to “no-fault” benefits (accident benefits), which means that regardless of who caused the accident, individuals seriously injured in a motor vehicle collision can seek certain benefits through their automobile insurance provider. This system ensures that victims can receive timely financial support to help with rehabilitation for the injuries stemming from the accident, for example, without the need to determine liability first.
What Are Statutory Accident Benefits (SABS)?
The Statutory Accident Benefits Schedule (SABS) is a legislative scheme and mandatory component of every Ontario auto insurance policy that governs accident benefits. Some of the accident benefits under the SABS include medical and rehabilitation benefits, income replacement benefits, attendant care benefits, non-earner benefits, and caregiver benefits.
- Medical and Rehabilitation Benefits cover medical and rehabilitation treatment costs like physiotherapy, chiropractic care, and psychological counseling.
- Income Replacement Benefits provide financial assistance if the injuries sustained in the accident prevent you from working.
- Attendant Care Benefits helps with the cost of hiring a caregiver if you require assistance with daily activities.
- Non-Earner Benefits is a payment that you may receive if you suffer from a complete inability to carry on a normal life.
- Caregiver Benefits cover the costs of a caregiver for dependents if you are unable to provide them with care due to the injuries from the accident.
Am I Covered If the At-Fault Driver Fled the Scene?
The answer is yes, you may be entitled to receive no-fault Accident Benefits even if the at-fault driver fled the scene! Your coverage depends on your insurance policy and other legal requirements. However, if you have a valid auto insurance policy in Ontario and are injured in a motor vehicle accident, even if the at-fault driver is unknown and has fled the scene of the accident, you are entitled to claim Accident Benefits.
Ontario Motor Vehicle Accident Claims Fund (MVACF)
If you do not have auto insurance and have been injured in a motor vehicle accident, you may still be eligible for compensation through the Motor Vehicle Accident Claims Fund (MVACF). This government-run fund was established to provide benefits to individuals who have no other options for claiming accident benefits. However, the MVACF is considered a last resort, and you can only apply after exhausting all other possibilities.
Steps to Take After a Hit-and-Run Accident
If you are injured in a hit-and-run accident, taking the right steps can significantly impact your ability to receive compensation. Here is a checklist of what you should do when you are in an accident with a hit-and-run driver:
1. Call the Police Immediately
In Ontario, it is mandatory to report a hit-and-run accident to the police as soon as possible. Calling the police will allow them to document the event and is crucial for all insurance claim submissions.
2. Seek Medical Attention
After any car accident, it is important to seek medical attention, even if your injuries seem minor. Not only does this protect your health, but it also provides medical documentation that may be necessary for your insurance claim. It is important to note that often injuries are more severe than they seem and worsen over time, so make sure to seek medical attention in all circumstances.
3. Gather Evidence
Try to collect as much evidence at the scene as possible. This evidence may be critical down the line when you are processing your insurance claim. Include, if possible, witness statements, photos of the accident location, vehicle damage, any skid marks, surveillance footage from nearby cameras, and a detailed description of the fleeing vehicle.
4. Notify Your Insurance Provider
Contact your insurance company accident as soon as possible after the hit-and-run accident. You must provide them with all relevant details, including the police report number, medical records, and any supporting evidence.
5. Contact a Personal Injury Lawyer
Navigating the legal landscape after an injury is confusing and stressful. This is especially true after a hit-and-run accident. It is important to contact a personal injury lawyer after the accident to ensure you get proper compensation for your accident. The personal injury lawyer will fight for you, allowing you to focus on your rehabilitation.
6. File a Claim Through Your Insurance or MVACF
Depending on your situation, you can file a claim through your auto insurance policy, or the Motor Vehicle Accident Claims Fund (MVACF) if you don’t have coverage. Keep in mind that strict deadlines apply and missing them could result in your claim being denied.
What are some Challenges in Hit-and-Run Insurance Claims?
While Accident Benefits are available for victims of hit-and-run accidents, obtaining full compensation is often challenging. Some common obstacles include denials or delays in insurance claims, for example, in proving that the accident occurred if there is no police report or eyewitness testimony as the insurer may question the legitimacy of your claim. To best avoid these challenges, provide as much documentation as possible on the accident and engage a personal injury lawyer to guide you through the legal process.
Hit-and-Run Accident Statistics in Ontario
Hit-and-run accidents are unfortunately common in all areas of Ontario. According to the Toronto Police Service, there were over 6,500 hit-and-run collisions reported in the city in 2022 alone. Injuries from these accidents ranged from minor to lethal.
In addition, a study by the Ontario Road Safety Annual Report (ORSAR) revealed that nearly 12% of all pedestrian fatalities in Ontario involve hit-and-run drivers. These accidents happen throughout the province; however, they have a higher tendency to happen in areas with heavy foot traffic. These alarming statistics emphasize the need for accessible insurance benefits to support victims.
How Does a Personal Injury Lawyer Help?
Navigating the complexities of an accident benefits claim is a daunting task that people may find overwhelming. A personal injury lawyer can assist by ensuring all paperwork is completed accurately and submitted on time, gathering evidence to strengthen your claim, negotiating with insurance companies to maximize your compensation, and representing you in legal proceedings if necessary
At Bergel Magence Personal Injury Lawyers, we have over 50 years of experience helping seriously injured Ontarians secure the compensation and justice they deserve after an accident. If you’ve been injured in a hit-and-run accident, our team of legal experts is here to guide you through the claim filing process and fight for your rights.
To ensure you receive the maximum compensation available, it’s crucial to act quickly, gather the necessary evidence, and seek legal assistance if needed.
At Bergel Magence Personal Injury Lawyers, we understand how disruptive a serious injury is to individuals and their families. We pride ourselves in helping injured people get back on their feet by letting them focus on their rehabilitation as we navigate the legal process and obtain the financial support they need.
If you’ve been seriously injured in a hit-and-run accident, contact us today for a free consultation at 416-665-2000 or visit our website at bergellaw.
