Being involved in a car accident is a traumatic experience, but when the other driver flees the scene, it can be even more distressing. In Toronto, hit-and-run accidents are unfortunately not uncommon, and victims are often left with injuries, vehicle damage, and uncertainty about what to do next. If you’ve been the victim of a hit-and-run, understanding your legal options is critical to securing the compensation and justice you deserve.
What is a Hit-and-Run Accident?
A hit-and-run accident occurs when a driver involved in a collision leaves the scene without stopping to provide contact information or offer assistance to those affected. In Toronto and throughout Ontario, this act is a serious criminal offense under both the Criminal Code of Canada and the Highway Traffic Act. If you're a victim of such an incident, consulting a Motor Vehicle Accident Lawyer can help you understand your legal rights and pursue the compensation you deserve.
Depending on the circumstances, the driver who flees may face criminal charges, hefty fines, demerit points, a suspended license, and even jail time. But for victims, the focus is typically on recovering damages and receiving medical treatment.
Immediate Steps After a Hit-and-Run in Toronto
After a hit-and-run, your first concern should be safety and medical assistance. Once you’re in a stable condition, take the following steps:
- Call 911 – Report the accident to the police immediately. This is crucial, especially in a hit-and-run, as a police report will be a key piece of evidence.
- Gather Evidence – Try to recall or gather information about the other vehicle such as the make, model, color, license plate number, or any distinguishing marks. Dashcam footage, photos of the scene, or eyewitness accounts can also be incredibly valuable.
- Seek Medical Attention – Even if injuries seem minor, consult a doctor. Some injuries, like whiplash or internal trauma, may not show symptoms right away.
- Notify Your Insurance Company – Inform your insurer about the hit-and-run as soon as possible. Many policies require prompt reporting to maintain eligibility for coverage.
Legal Options for Victims of a Hit-and-Run in Toronto
1. Filing a Claim Through Your Own Insurance
Ontario operates under a no-fault insurance system, which means you generally claim benefits from your own insurer, regardless of who was at fault. After a hit-and-run, you may be eligible for the following:
- Accident Benefits: These cover medical expenses, rehabilitation, income replacement, and more, depending on your policy.
- Uninsured Motorist Coverage: All Ontario auto insurance policies include coverage for accidents involving uninsured drivers or hit-and-run drivers. This can provide compensation for bodily injuries and sometimes property damage, up to a limit (typically $200,000 unless additional coverage is purchased).
2. Filing a Lawsuit Against the At-Fault Driver (If Identified)
If the hit-and-run driver is located, you can file a civil lawsuit for damages. This may include:
- Medical expenses
- Loss of income
- Pain and suffering
- Property damage
- Out-of-pocket expenses
It's essential to act quickly, as Ontario has strict limitation periods. Generally, you have two years from the date of the accident to file a lawsuit. However, if the driver is unknown, your options will differ.
3. Compensation Through the Motor Vehicle Accident Claims Fund (MVACF)
If the at-fault driver cannot be identified and you don’t have auto insurance, you might still qualify for compensation through the Motor Vehicle Accident Claims Fund. This is a government program that offers a last-resort safety net for victims of uninsured or unidentified drivers.
The MVACF may cover:
- Up to $200,000 in damages
- Medical expenses
- Loss of income
- Pain and suffering (in certain cases)
You must report the accident to the police and cooperate fully with the investigation. Timely application to the MVACF is also required, so consult a personal injury lawyer early in the process.
The Role of a Personal Injury Lawyer
Navigating the legal process after a hit-and-run can be complex. A Toronto personal injury lawyer can help you:
- Gather evidence and liaise with police and insurers
- File insurance claims and communicate with adjusters
- Represent you in a lawsuit if the driver is identified
- Apply for compensation from MVACF if no other options exist
- Ensure your rights are protected and that you receive fair compensation
Most personal injury lawyers in Toronto work on a contingency fee basis, meaning they only get paid if you win your case.
Final Thoughts
A hit-and-run accident can leave victims feeling powerless and overwhelmed. But Toronto residents have several legal options for seeking compensation and support. Whether through insurance claims, the MVACF, or a personal injury lawsuit, you do not have to face the aftermath alone. Prompt action, documentation, and legal guidance are key to ensuring you recover physically, emotionally, and financially.
If you've been involved in a hit-and-run, consult a qualified personal injury lawyer in Toronto to explore the best path forward. Justice may take time, but with the right support, it is well within reach.
