Being involved in a collision is a stressful event. It is compounded where the at-fault driver flees the scene and cannot be identified. In this situation, there are specific systems in place in Ontario to assist.
There are three main avenues for assistance for victims of hit and runs, which are summarized below.
If you have been injured in a hit and run, speak to an experienced personal injury lawyer without delay to discuss your specific situation in detail.
Statutory accident benefits
Statutory accident benefits are no-fault benefits available to those insured under an automobile policy. If you are injured in a hit and run, you can apply to your insurer to access these benefits.
Benefits may include those for income replacement, funding for treatment and rehabilitation, as well as other benefits. The types of benefits and amounts available will depend upon the automobile policy purchased, as well as the nature and severity of your injuries.
Unidentified motorist provision
The Unidentified Motorist Provision, like statutory accident benefits, is available to those insured under an automobile policy. This provision allows those injured in a hit and run to make a claim to their own insurer for damages, including for pain and suffering, lost income, and necessary treatment and rehabilitation not covered by statutory accident benefits.
A standard policy in Ontario will pay up to $200,000.00 in compensation for personal injury damages caused by unidentified motorists. There is optional additional coverage available under the OPCF 44R Policy Endorsement, which typically provides up to $1 million in compensation for personal injuries. Purchasing this additional coverage is recommended if you can afford to do so.
The Motor Vehicle Accident Claims Fund (the "MVACF" or the "Fund")
The MVACF is available where all other options have been canvassed and it is confirmed that there are no automobile policies available to respond to injuries sustained in the hit and run. An example may be if you are hit as a pedestrian by a vehicle who flees the scene, and you are not listed under any automobile policies that might respond. The Fund will provide access to statutory accident benefits and up to $200,000.00 in compensation for personal injury damages.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.