Hit-and-run accidents can be devastating and leave victims feeling overwhelmed, confused, and unsure of what to do next. Beyond the obvious physical and emotional harm, these cases raise unique legal challenges — especially when the at-fault driver flees the scene and remains unidentified.
Although failing to remain at the scene of an accident carries significant criminal consequences for drivers, the civil impact on victims can be just as severe. Many people assume that if the driver can’t be found, they cannot receive indemnification for their pain and suffering, or access compensation for medical care, income loss, or long-term rehabilitation. Fortunately, that is not true in Ontario.
Below is a clear, practical explanation of how compensation works in Ontario after a hit-and-run accident — including what coverage you may be entitled to even when the other driver disappears.
If You Were a Pedestrian or Cyclist
If you are struck as a pedestrian or cyclist, you normally claim compensation through the at-fault driver’s insurance. But if that driver is:
- Uninsured
- Underinsured, or
- Unidentified in a hit-and-run
You may still have options.
Claiming Through Your Own Auto Insurance Policy
If you have your own auto insurance policy (or are listed as a dependent on someone else’s policy), you can claim compensation through:
- Family Protection Endorsement (OPCF 44R) if applicable
- Accident Benefits (no-fault) under the Statutory Accident Benefits Schedule (SABS)
Under Ontario’s priority rules, your own insurer steps in when the at-fault driver cannot be located or insured.
What If You Don’t Have Auto Insurance?
If you are a victim of a hit-and-run, the at-fault driver is unidentified, and you have no auto insurance coverage whatsoever, you may still be able to receive compensation.
This is where the Motor Vehicle Accident Claims Fund (MVACF) becomes crucial.
The Motor Vehicle Accident Claims Fund (MVACF)
The MVACF is considered the “payer of last resort” in Ontario. It exists specifically to assist:
- people injured by uninsured drivers,
- people injured by unidentified drivers (hit-and-run), and
- people who do not have access to any other auto insurance policy.
If you meet the eligibility requirements, MVACF may provide:
- compensation for injuries
- compensation for certain property losses
- access to Accident Benefits
To qualify, you must typically be:
- a resident of Ontario, and
- the accident must have occurred in Ontario.
For many hit-and-run victims — especially pedestrians, cyclists, or newcomers who do not own a vehicle — MVACF is the only available source of compensation, and it can be lifesaving.
Coverage for No-Fault Benefits (Accident Benefits)
Ontario’s no-fault Accident Benefits system (SABS) provides medical, rehabilitation, income replacement, and attendant care benefits regardless of who caused the accident.
Here is how it works in hit-and-run situations:
- If the Driver Is Uninsured or Unidentified
You still have access to Accident Benefits.
If you have your own auto insurance — or live in a household where a family member has insurance — you can apply under that policy, either as:
- a named insured,
- a spouse, or
- a dependent.
2. If You Have No Insurance and the Driver Is Uninsured or Unidentified
You can apply to the MVACF for Accident Benefits, so long as:
- you reside in Ontario, and
- the accident occurred in Ontario.
This ensures that even individuals without vehicles, insurance, or known insurers still receive essential treatment and financial support after a hit-and-run.
Why Hit-and-Run Claims Are Often More Complicated
Hit-and-run and unidentified driver claims typically involve:
- A higher burden of proving the accident happened
- Potential disputes with insurers about liability
- The need for immediate police reporting
- Challenges gathering evidence when the driver flees
These complexities make it crucial to seek legal advice early so that:
- evidence can be preserved,
- deadlines are met, and
- the proper insurer is identified (or the MVACF application is started).
When You Should Speak With a Personal Injury Lawyer
If you’ve been injured in a hit-and-run accident — whether as a pedestrian, cyclist, or driver — contacting a personal injury lawyer early can help you:
- Determine which insurance coverage applies,
- Access medical and rehabilitation benefits quickly,
- Protect your rights when dealing with insurers, and
- Pursue all available sources of compensation.
Many people assume that hit-and-run cases leave them with no options. In Ontario, that is simply not true — but the process can be technical and time-sensitive.
Final Thoughts
Hit-and-run accidents are traumatic and can leave victims feeling powerless, but Ontario’s compensation system ensures that people are not left without support simply because an at-fault driver fled the scene. Whether through your own insurer, a household policy, or the MVACF, there are multiple avenues to receive the benefits and damages you need to recover.
If you or someone you know has been injured in a hit-and-run accident and is unsure about their rights, accessing benefits, or navigating insurance issues, it’s important to seek guidance from a lawyer who understands these complex claims and can help protect your recovery. Contact Bergeron Clifford LLP today.
BURKE DERBYSHIRE
Burke Derbyshire is a graduate of LaSalle Secondary School in Kingston. Upon graduation, he attended Queens University on an athletic scholarship where he played for the men’s football team. He then completed his law degree at the University of Leicester, United Kingdom, and was a moot court finalist as well as an active member of the Canadian Law Society.
Burke worked at Bergeron Clifford in the summer of 2023 as a summer student, and is now working as an articling student while also completing his NCA exams.
