Home > Car Accidents > Hit-and-Run Accidents in Ontario – How Do Injured Drivers Recover Financial Compensation? (Part 2)

Hit-and-Run Accidents in Ontario – How Do Injured Drivers Recover Financial Compensation? (Part 2)

Injured drivers in hit-and run accidents may wonder how they can recover their financial damages since the at-fault drivers left the scene.  As part 1 of this article discussed, every Ontario automobile insurance policy provides unidentified or uninsured motorist coverage for the injured drivers in situations like this.

Part 2 of this article will discuss individuals, other than the injured insured driver, who are also eligible for unidentified or uninsured motorist coverage.

Not only is the insured driver eligible to receive compensation pursuant to his own uninsured or unidentified automobile coverage, other individuals who are victims of hit-and-run accidents or accidents caused by uninsured drivers may also be eligible for this coverage.

The Ontario Insurance Act provides that uninsured or unidentified automobile coverage for a claim for bodily injuries or death extends to “persons insured under the contract,” which means the following under section 265(2):

(i) any person while an occupant of the insured automobile,
(ii) the insured and his or her spouse and any dependent relative of either,

(A) while an occupant of an uninsured automobile, or
(B) while not the occupant of an automobile or of railway rolling stock that runs on rails, who is struck by an uninsured or unidentified automobile,

(iii) if the insured is a corporation, unincorporated association or partnership, any director, officer, employee or partner of the insured for whose regular use the insured automobile is furnished, and his or her spouse and any dependent relative of the person or the spouse,

(A) while an occupant of an uninsured automobile, or
(B) while not the occupant of an automobile or of railway rolling stock that runs on rails, who is struck by an uninsured or unidentified automobile,

where such director, officer, employee or partner or his or her spouse is not the owner of an automobile insured under a contract.

Therefore, even if drivers do not have their own car insurance policies, after being injured in hit-and-run accidents, they may still be protected under unidentified or uninsured motorist coverage.

For example, an injured passenger who lives with his parents is covered under his parents’ automobile policy if he was injured in his parents’ car at the time of the hit-and-run accident.   An injured driver may also be covered under his spouse’s insurance policy if he does not have his own insurance policy at the time of the hit-and-run accident.  Unidentified or uninsured coverage may also extend to a driver who was injured in a company vehicle provided by his employer for his regular use.

More from our car accident legal library: Ontario Car-Truck Accident Law – Your Legal Rights After Being Injured in an Accident

Help After an Ontario Hit-and-Run Accident

Determining which insurance policy applies can be very confusing.  If you were a driver, passenger or pedestrian in a hit-and-run accident in Kingston, Ottawa or Whitby, call the lawyers at Bergeron Clifford.  The experienced car accident injury lawyers at Bergeron Clifford will help you obtain the financial compensation you are entitled to.  Call 1-866-384-5886 schedule a FREE consultation.

Contact Bergeron | Clifford LLP

Let us help you if you have been injured anywhere in Eastern Ontario. Contact us at 866-384-5886 or fill out our online form. We can meet at any of our office locations, including Kingston, Ottawa, Whitby, Carleton Place, Perth or wherever is most convenient for you.

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