Canadian law requires drivers to stop at the scene of an accident and not doing so can carry serious consequences. Unfortunately, this does not deter some drivers from fleeing after they have an accident involving pedestrians, other vehicles, or property. If you are the victim of a hit and run driver, be sure to have a personal injury lawyer on your side.
Get Medical Attention and Inform the Authorities
The most important thing to consider in the aftermath of an accident is the health and safety of yourself and everyone else involved.
It’s important that you or someone else near the scene of the accident contact the authorities. Emergency medical personnel can ensure that everyone gets the care they need, and law enforcement officers can gather the information needed to find the hit and run perpetrator. For example, police officers may be able to talk to witnesses who saw the hit and run driver, or saw the licence plate.
Contacting the authorities right away also starts a paper trail that can help you in the long run. By fully documenting the extent of your injuries and the severity of the accident at the scene of the crime, you lay a solid foundation for any civil claim you may make later.
Contact Your Insurance Company
If you were in a vehicle at the time of an accident, be sure to inform the insurance company that holds the policy on the vehicle about the accident. Even if you do not have any information about the other driver, the policy may help you cover some of your expenses.
If a hit and run driver damaged your home or commercial property, you may also contact the relevant insurance company to report the damage. Even in the best of circumstances, it can be difficult to get insurance companies of any kind to pay you what you need. With hit and run cases, it can be even more of a struggle. That’s why it’s important to have excellent legal advice and representation, even before you get to the point of filing a lawsuit.
Document Everything You Remember
From the moment of the accident to the final settlement, it’s important to be diligent about documentation. For example, you should write down everything you remember about the accident as soon as you can. You should also keep documentation regarding any injuries you sustained in the accident, the length of time you have to take off from work in order to recover, and anything relating to property damage from the hit and run.
Hire a Mississauga Personal Injury Lawyer
When someone commits a hit and run, they not only face criminal charges, but can be held liable in civil court as well. If someone harms you in a hit and run accident, be sure you get the compensation you need and justice you deserve. At Nanda & Associate Lawyers, we can help people who speak any of 15 different languages, including French, English, Hindi, Tamil, Bangla, Telugu, Italian, Gujarati, and Chinese. Contact us today to hire a Mississauga personal injury lawyer who will fight for a favourable outcome for you.
Frequently Asked Questions
How long do I have to report a hit-and-run?
It is required by law in Ontario that you report the hit-and-run accident as soon as possible to the police. This should be done immediately after the incident, if possible. If not immediately, this should happen within 24 hours after the incident. Also, it is required that you report the matter to your insurance provider within 7 days of the incident. Your failure to do so might result in the rejection of your claim later on.
Will my insurance premiums go up if I am not at fault?
Your insurance premiums typically will only go up when you are at fault for causing the accident. In a hit-and-run case, if the driver of the other vehicle is responsible for causing the accident, liability for the entire accident will fall upon them. Even in hit-and-run accidents, you are still entitled to claim your no-fault statutory accident benefits if you are injured or unable to work as a result of the accident.
Do I need a personal injury lawyer in a hit-and-run case?
Yes. It is recommended that you consult an experienced personal injury lawyer soon after the accident. A lawyer can advise you on the best way to proceed, especially when you are uninsured. For example, in Ontario, the province has set up funds, such as the Motor Vehicle Accident Claims Fund, to help those who are uninsured in accidents. However, it is worth mentioning that the amount of compensation you can claim from such programs is limited. Your lawyer will help you with the claims process in such cases. Do not hesitate to connect with our Brampton personal injury lawyers today for assistance!
How long after an accident can I file my personal injury claim?
Typically, the time limit for filing personal injury claims in such cases is 2 years. However, as mentioned above, it is important that you report the incident to your insurance provider within 7 days. This requirement may vary from province to province. It is best to consult with your personal injury lawyer to ensure that you do not miss any important deadlines.
Can I sue the driver after the accident for damages?
Yes. If the driver of the hit-and-run accident is identified, you can sue him for damages, such as pain and suffering, lost wages, and medical costs. If the driver is insured, these damages and his legal expenses will be paid by his insurance provider. If your claim is above the coverage limit of his insurance policy, then the remaining amount will have to be borne by the defendant himself. Get in touch with our personal injury lawyers in Brampton for legal counsel.
Will my insurance pay for the damages if I get sued for the accident?
This will depend on the terms and conditions of your insurance policy. Generally, in most cases, your insurance policy will cover the legal expenses and damages to be paid to the victim in the case. The insurance provider will conduct an investigation to check the validity of the claim. It is worth noting here that the payment from the insurance provider will only be up to the limit mentioned in the policy document. You will have to pay the remaining amount, if any. Also, if you are at fault in the accident, you may subsequently see your insurance premiums go up as a result.
Does insurance cover hit-and-run accidents?
This will depend on the type of insurance coverage you have. You need to check your insurance policy document to confirm the coverage and the payment limits applicable in such cases. Most insurance providers generally cover hit-and-run accidents, and you also have the option to file the claim under the no-fault insurance coverage. If you are not insured, then you can apply for a claim under various provincial programs, such as the Motor Vehicle Accident Claims Fund in Ontario, set up to help the uninsured accident victims.
