Whether it’s a mere fender-bender or a serious collision that causes damage to vehicles and injures people, hit and run accidents are considered to be a serious violation of civil and criminal laws.

Strict penalties are imposed for failing to remain at the scene of an accident under Ontario’s Highway Traffic Act Section 200. Under these rules, everyone who’s involved in a motor-vehicle accident on the highway, directly or indirectly, has to remain at the scene of an accident. Or they must return immediately to the scene, render all possible assistance and provide all the required information to the traffic authorities or police.

Insurance companies generally deal with such incidents from the viewpoint of receiving compensation for damages from the victim’s own coverage, since there is no other driver who can be held liable.

What Are Hit And Run Accidents?

Legally speaking, hit and run accidents are those in which one of the drivers involved in an accident leaves the scene without providing any personal contact information or having been allowed by the traffic authorities to do so.

There are certain conventions that are followed all over the world when an accident occurs and these include stopping to ensure that no one has been injured, offering help or calling for help, exchange of information regarding identity, addresses, phone-numbers etc. These conventions are codified into law in many countries and are part of the highway and traffic rules.

Hit and run accidents can also occur in parking lots or whenever a parked car/vehicle is hit by someone else who doesn’t stop or provide information about themselves. In Ontario, if the damage doesn’t exceed $2000 and no one is injured, there is no need to call the police, but the accident has to be reported in a Collision Reporting Center and to your insurance company.

It’s important to immediately contact an experienced Chatham-Kent personal injury lawyer who has dealt with such cases previously to ensure that your rights are protected.

Who Is Liable ?

In Ontario, all those who have been injured in motor-vehicle accidents are entitled to seek statutory benefits under the SABS (Statutory Accident Benefits Scheme), regardless of fault. These are payable by your own insurance company or the policy of other drivers involved in the accident, subject to policy limits. Additionally, you can also file a personal injury claim against the at-fault driver whose negligence/fault caused the accident. Again, this is subject to policy limits.

However, in the case of hit and run accidents, no at-fault driver or insurer can be identified. In some cases, investigations may identify  the hit and run driver, but they may be under-insured or even un-insured. In such cases, Section 265 of the Ontario Highway Act can be invoked to provide statutory compensation for injuries by an unidentified/uninsured motorist. The coverage limit is only $200 000 and may not be sufficient to cover serious/catastrophic injuries.

Another option is to avail of compensation from the Motor Vehicle Accident Claims Fund which is usually seen as a last resort.

An experienced Chatham Kent personal injury lawyer can provide the right information and advice to get you the compensation you deserve.