Your Rights and Coverage
If you have been the victim of a hit-and-run accident in Toronto, understanding your rights and the insurance coverage available to you is crucial. A basic Ontario auto insurance policy includes uninsured motorist coverage and statutory accident benefits that can help cover the losses you suffer as a result of such an accident. Pedestrian hit-and-run accidents are situations where the at-fault driver causes damage or injuries and then flees the scene, leaving the victim to seek compensation through their own insurance policy.
Statutory Accident Benefits
Whether you were a pedestrian, cyclist or motorist, if you have an auto insurance policy, you can claim Statutory Accident Benefits (SABs) from your insurer. These payments cover a range of costs associated with your injury, regardless of who was at fault. Even passengers who do not have their own car insurance can claim SABs through the driver’s insurance policy. Children injured in a hit-and-run accident while bicycling or walking can usually claim payments through their parents’ vehicle insurance policy.
Understanding Uninsured Automobile Coverage
Filing a Civil Lawsuit
If you decide to file a civil lawsuit against your car insurer to recover damages from a hit-and-run accident, you could receive up to $200,000 in damages thanks to basic uninsured motorist coverage. This coverage is designed to provide compensation similar to what you would receive if the at-fault driver was known and insured. However, the $200,000 limit is divided among all accident victims and can be reduced by $25,000 if there is a property damage claim.
Collision Coverage and MVACF
If you have collision coverage, the damage to your car will be covered, although you will have to pay a deductible. This coverage ensures that your insurance rates will not increase, even though the unidentified driver was at fault for the accident. Pedestrians and cyclists without vehicle insurance can seek compensation through the Motor Vehicle Accident Claims Fund (MVACF) of Ontario, which offers payouts of up to $200,000.
Enhanced Liability Coverage
By choosing the OPCF-44R Family Protection endorsement, you can increase your coverage to $2 million dollars. This ensures that you and your dependents can receive higher compensation in the event of a hit-and-run accident.
Steps to Take After a Hit-and-Run Accident
Reporting the Incident
Immediately after a hit-and-run accident, contact the police within 24 hours and file a detailed report. Contacting the police quickly increases the chances of identifying and apprehending the negligent driver. Fleeing the scene of an accident is a serious offense, and if caught, the driver faces serious penalties, up to and including up to 5 years in prison.
Seeking Medical Attention
Regardless of the severity of your injuries, seek medical attention immediately. Some injuries may not show up right away and may worsen over time if left untreated. Timely medical care also strengthens your insurance claim by providing documentation of your injuries.
Gathering Evidence
If possible, write down the details of the car that hit you: its model, color, and license plate number. Take photographs of the damage to your car and any other property. Collect contact information from any witnesses and record their observations. Look for nearby surveillance cameras that may have captured the incident.
Reporting to Your Insurer
Report the collision to your insurance company as soon as possible, usually within 7 days. Within 30 days, provide them with a written statement detailing the accident, your injuries and damages. Include copies of the police report and other supporting documents.
Understanding Uninsured Automobile Coverage
Uninsured motorist coverage is designed to cover expenses and losses from injuries caused by uninsured, unidentified or underinsured drivers. If the hit-and-run driver caused significant damages, such as rehabilitation costs and lost income, you may be entitled to compensation under this coverage.
For help, consult with an experienced Toronto lawyer at Car Injury Lawyer Near Me. Our team has extensive experience in securing fair compensation for car accident victims and can effectively counter any objections, including claims that the accident was inevitable. We strive to resolve most cases without the need for litigation, ensuring you receive the compensation you deserve.
