Hit-and-run Accidents in Ontario: Legal Options for Injured Victims
- Yellow Pages Admin
- 2 days ago
- 3 min read
Hit-and-run accidents are among the most stressful and overwhelming events a person can experience. Victims are often left injured, unsure of what happened, and worried about how they will cover medical expenses, lost income, and long-term care needs. Even when the at-fault driver disappears, Ontario law provides several ways for victims to pursue compensation.
Whether you were involved in a motor vehicle collision, struck as a pedestrian, or injured while cycling, you still have legal rights. Consulting a car accident lawyer serving Collingwood or a bicycle accident attorney in Barrie can help you understand your options and protect your claim.
Below is an in-depth look at how hit-and-run claims work in Ontario and what the courts have said about an injured person’s right to recover damages.
Your Right to Accident Benefits Even When the Driver Flees
Ontario operates under a no-fault accident benefits system. This means that if you are injured in any type of motor vehicle collision, you can claim Statutory Accident Benefits (SABS) through your own insurer. These benefits can include:
medical and rehabilitation expenses
non-earner benefits
You can apply for these benefits even if the at-fault driver fled the scene. If you do not have an auto insurance policy of your own, you may be covered under a family member’s policy. If no such coverage exists, the Motor Vehicle Accident Claims Fund (MVACF) may step in.
The Ontario Court of Appeal has repeatedly characterized the SABS as remedial, consumer-protection legislation to be interpreted generously, consistent with a no-fault scheme that ensures injured persons can access benefits without proving fault. See, e.g., Monks v. ING Insurance Co. of Canada (declaring ongoing accident benefits in a SABS claim and endorsing a broad, purposive approach) and Galdamez v. Allstate Insurance Co. of Canada (confirming a liberal, claimant-protective interpretation of SABS eligibility).
Suing for Damages after a Hit-and-Run: Identifying the Driver
When the at-fault driver cannot be located, victims can still sue for damages. Ontario courts have long recognized that civil actions can proceed against unidentified motorists.
In Anjum v. John Doe and State Farm (2016 ONSC 7784), the court affirmed that plaintiffs may pursue claims against “John Doe” defendants when the driver cannot be identified. This allows the claim to move forward while further investigation is conducted.
If the driver is never found, the victim may pursue compensation through their uninsured motorist coverage, which is included in all Ontario auto insurance policies.
Hit-and-Run Bicycle and Pedestrian Accidents
Cyclists and pedestrians are particularly vulnerable in hit-and-run incidents. They often suffer severe injuries, and their ability to identify the striking vehicle is limited.
The Highway Traffic Act places a reverse onus on drivers in collisions with pedestrians or cyclists. Under section 193, the driver must prove that they were not negligent. Although the driver may be unidentified in a hit-and-run, this legal framework reinforces the expectation that motorists must exercise heightened caution.
If you were struck while cycling, a bicycle accident attorney in Barrie can help you gather evidence, file your accident benefits claim, and pursue compensation through uninsured coverage. Similarly, pedestrian victims can work with legal professionals who handle cases like those outlined on our Pedestrian Accident Lawyer service page.
When Does the Motor Vehicle Accident Claims Fund Apply?
If no insurance policy is available, Ontario’s MVACF acts as a final safety net. It helps victims recover damages for bodily injury when the at-fault driver cannot be located or identified, and when no other auto insurance policy exists to respond to the claim. This includes situations where the victim does not have their own vehicle insurance and cannot access coverage through a household member.
The MVACF can provide financial assistance for bodily injury, including medical costs, rehabilitation needs, and certain other accident-related expenses. It also offers limited accident benefits like those found in a standard insurance policy. Although the Fund does not provide unlimited compensation, it plays a vital role in ensuring that innocent victims are not left without support simply because the responsible driver fled the scene.
Why Legal Representation Matters after a Hit-and-Run
Hit-and-run cases often involve complex insurance issues, strict deadlines, and detailed investigative work. Working with a car accident lawyer or a bicycle accident attorney in Barrie helps ensure:
all insurance avenues are explored
evidence is preserved quickly
required forms and reports are submitted on time
damages are properly assessed
your rights remain protected throughout the process
Littlejohn Barristers regularly assist victims in Collingwood, Orillia and surrounding Ontario areas through its dedicated injury law and accident claims service areas, including motor vehicle, pedestrian, and bicycle accidents.
Contact Littlejohn Barristers for Help
If you were injured in a hit-and-run accident anywhere in Ontario, you are not alone. You can still recover damages even when the at-fault driver leaves the scene. The team at Littlejohn Barristers can guide you through every step of the process and fight for the compensation you deserve.