If you are injured in a hit and run in Ontario, you should do the following:
Report the incident and seek medical attention
If you are able, contact the authorities to report the collision immediately. It is a crime to leave the scene when someone has been injured in a car crash. The police will investigate the collision, create a report number, and document evidence that the crash occurred. You will need this information for insurance later.
With luck, the police will be able to find the at-fault individual later, which will be important if you wish to start a lawsuit against them.
If you have sustained any injuries in the collision, seek immediate medical attention. Paramedics are likely to attend the scene of the collision and can provide a preliminary assessment of your condition. You may need to attend a hospital for a formal assessment with a doctor and imaging if you are experiencing concerning symptoms such as neck pain, chest pain, concussion symptoms, or broken bones. It is important to attend for medical attention if you sustained injuries to
(a) receive appropriate treatment and
(b) document your injuries in the medical record.
If you decide to start a lawsuit later, a comprehensive medical record can make or break your case.
Notify your car insurer
If you own car insurance, notify your insurer right away about the collision. Under your contract for insurance, you must notify your insurer any time you are involved in a car accident where anyone has sustained injuries. You need to let your insurer know about the accident within 7 days of the collision, unless there is a good reason for delay (like being unconscious in a hospital).
If you do not have your own car insurance, but your spouse does, you should notify their insurance company. Similarly, if a dependant is injured in a collision, they should notify the insurance company of the person they depend on.
If you do not have your own car insurance, and nobody you depend on has car insurance, you can notify the insurance company for the vehicle that hit you, assuming the police were able to locate them and their car insurance information. You may need to follow up with the police to get this information. If they delay or refuse to provide you with the insurance particulars of the at-fault driver, you should contact a lawyer for assistance.
Alternatively, notify the Motor Vehicle Accident Claims Fund
If you do not have access to insurance through your own policy, someone you depend on, or the other driver, there is still hope.
The Motor Vehicle Accident Claims Fund (MVACF) was set up as an insurance safety net to ensure that anyone injured in car accident in Ontario will have access to accident benefits, even if there is no other insurance available.
You can go to their website here, or call someone at 416-250-1422 for assistance in reporting the collision. The website has instructions and paperwork needed to complete your application for benefits. You may need the police report to substantiate that a car accident occurred before the MVACF will begin providing benefits.
Complete an OCF-1 Application for Accident Benefits
Whether you are able to start a claim with a car insurer or the MVACF, you will need to complete an Application for Benefits, also called an OCF-1, within 30 days of receiving the blank forms from your insurer. These forms are available on the MVACF website as well.
If you delay in submitting the completed application without a good reason, you may be denied any accident benefits.
If you are not sure if you need to submit a claim because you are unsure about the severity of your injuries in the weeks after the accident, it is best to err on the side of caution and complete the application anyway. You can always close the claim if you recover and no longer need support. You may have a hard time getting help later if you get worse and did not complete the paperwork on time.
If you are injured in a hit and run, make sure you report the crash to the police, seek medical attention, and contact your insurance company. Don’t delay contacting the insurance company. If you are injured and would like to discuss pursuing your legal rights, please contact Siskinds for a free consultation.