It's bad enough to be in a serious motor vehicle accident. But when the person who is at fault has no insurance or hits and runs, what recourse do you have?
If you have a car accident in Ontario and are injured, you may be able to obtain compensation, even if the driver and owner of the vehicle that hit you are uninsured or if you were injured in a hit and run and the driver is unknown.
(Remember every location has unique laws so check to see if the same rules apply where you live. Contacting an experienced personal injury lawyer where you live is a great way to get this clarified.)
First, if you have your own car insurance, or if a family member who lives with you has car insurance, you may have access to something called a Family Protection Endorsement through your own policy or your family's policy. Most brokers include these endorsements on the car insurance policies they sell. This would be the first place to look. Speak to your insurance broker or bring your policy to a personal injury lawyer to review. You may have access to insurance through this avenue.
If you do not have access to a Family Protection Endorsement, and if there is no person involved in the accident who has insurance, you may have recourse to the Motor Vehicle Accident Fund. Claims against the Motor Vehicle Accident Fund can be made by Accident Benefit Claimants and anyone who has a claim against an owner or driver of an uninsured motor vehicle.
Accident benefit claimants are people claiming no-fault benefits. In some locations these are called PIP benefits.
The Motor Vehicle Accident Fund is a payor of last resort. You can only access the Fund to pay damages or accident benefits if all other avenues to obtain insurance coverage have been pursued unsuccessfully.
If you attempt to secure this insurance coverage to provide you with compensation after your accident without trying to locate other insurance first, you may delay your case.
Visitors to Ontario should note, payment through the Motor Vehicle Accident Fund is available to visitors to Ontario who are involved in an accident, but only so long as there is a similar fund where you come from. An Ontario personal injury lawyer would be able to check with a lawyer or attorney in your location to determine if a Family Protection Endorsement or its equivalent exists in your jurisdiction.
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Brenda Hollingsworth is an Ottawa personal injury lawyer representing accident victims in Ontario, Canada. Her law firm is Auger Hollingsworth, located in Ottawa. She is the author of "An Injured Victim's Guide to Fair Compensation" and "Crash Course: A Savvy Woman's Guide to Ontario Car Accident Claims" To get free copy of these books, contact http://www.personalinjuryottawa.ca ; email info@personalinjuryottawa.ca or call 613.233.4529.
Disclaimer: All information on this site is provided for informational purposes only! By no means is any
information presented herein intended to substitute for the advice provided to you by any health care or other professional
or organization.
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