Sep 1 2024 | Zayouna Admin

The Legal Process After a Hit-and-Run Accident in Ontario

Drivers, pedestrians, and cyclists are involved in accidents every day in Ontario. We usually go through our daily routines without thinking about the hassles that follow an accident, or we believe that the process after an accident will be straightforward. What happens, though, if the driver that hits you doesn’t stop? What do you do? How do you receive compensation? What is the legal process that follows?

In this article, we will cover all of the essential information for hit-and-run accidents in Ontario. Keep reading to learn about the necessary steps after a hit-and-run. However, if you have been involved in a hit-and-run car accident in Toronto, contact a car accident lawyer as soon as possible. The lawyers at Zayouna Law Firm will review your case and help you understand your specific next steps.

Penalties for a Hit-and-Run

Failing to stop after an accident is a serious offence under provincial and federal law. Hit-and-run accidents can be charged under Canada’s Criminal Code as a “failure to stop” or under the Ontario Highway Traffic Act as a “failure to remain” charge. The difference is a criminal offence versus a traffic ticket.

A failure to stop charge is more commonly issued in hit-and-run accidents involving pedestrians or cyclists, or in accidents causing serious injury or death. The penalties for a hit-and-run under the Criminal Code are severe:

• A minimum of 2 years in prison, up to 10 years if the accidents caused serious bodily harm, and up to a life sentence if someone died in the accident.
• $1,000 fine for the first offence, increasing with subsequent offences.

A failure to remain charged has less severe penalties, though they are still substantial. Under the Highway Traffic Act, a failure to remain charged could result in:

• Fines up to $2,000
• Licence suspension
• 6 demerit points
• Potential jail time of up to six months
• High-risk insurance rates for three years following the incident

What to do After a Hit-and-Run

Of course, the above penalties are only relevant if the driver can be identified. After a hit-and-run accident, if you are physically capable, try to obtain the driver’s licence plate. This will be the most straightforward avenue to identify the driver. If you could not see it during the accident, try to look for any possible witnesses or video footage of the accident.

Knowing the identity of the driver will present more options for compensation following the accident. However, if you fail to identify them, there are still avenues to help you pay for your injuries and damages.

Report the Accident to the Police

The first and one of the most important steps is to report the accident to the police. This may seem like a no-brainer, but there are some repercussions for failing to do so that you may not realize.

The accident must be reported to the police within 24 hours. If you fail to report the accident within 24 hours, this can harm your chances of receiving benefits through your insurance. The insurance company may use this as evidence that the accident was your fault, and may deny some or all of your claim.

File an Insurance Claim

Okay, so you filed a police report. The next step is to call your car insurance provider to file a claim with them. Thanks to Ontario’s no-fault insurance system, you can still receive coverage for your medical expenses and other associated losses through the mandatory Statutory Accident Benefits on your insurance. Learn more about what is covered through accident benefits here.

You may be able to cover the damages through the mandatory Underinsured Motorist Coverage on your insurance or through the optional Family Protection Endorsement. If the driver cannot be identified, there is a chance that damage to your property will have to be partially or fully paid out of pocket or through collision coverage, if you purchased it,

What if I am Uninsured?

If you are uninsured and the motorist cannot be identified or is also uninsured, there are still options for you to receive compensation. If there is any insurance that is relevant to the accident, you can file a claim through that insurer. Say, you were a passenger in the vehicle, you can file through the driver’s insurance. If you identify the at-fault driver, you can file through their insurance.

If there is no insurance present, you may still be able to receive compensation for your medical expenses through Ontario’s Motor Vehicle Accident Claims Fund. To apply for claims through the Accident Claims Fund, you will need:

• A completed and signed Statutory Accident Benefits Application (OCF-1)
• A completed Application for Payment (Form 3) and Notice of Collection of Personal Information
• A copy of the police report
• A letter from your insurance company indicating your policy was not in force at the time of the accident, if applicable

Seeking Compensation Through a Car Accident Tort Claim

If you can identify the driver, you may also be able to file a lawsuit against them for negligence in a car accident tort claim. If you plan to file a claim against the driver, reach out to a car accident lawyer right away. Your lawyer will review your case to help you understand if you have a viable claim and how to proceed.

You usually have two years from the accident date to file a claim against the driver as outlined in Ontario’s Statute of Limitations. The sooner you start the tort claims process, the easier it will be to collect evidence, making it more likely that your claim will be successful.

Contact Zayouna Law Firm’s Car Accident Lawyers for Help with the Legal Process After a Hit-and-Run

The Toronto car accident lawyers at Zayouna Law Firm are here to help you through every step of the legal process after a hit-and-run. Whether you need help understanding the insurance claims process, filing a claim for the Motor Vehicle Accident Claims Fund, or pursuing a tort claim against the driver.

Our lawyers have decades of experience helping clients across Toronto, the GTA and surrounding area. We will do everything in our power to help you receive the compensation you deserve. It all starts with a free consultation. Call us today to book your initial consultation to have one of our lawyers review your case.