Injured in a Hit-and-Run Accident? You Can Make a Claim!
Dec. 3 2025, Published 1:50 a.m. ET
No matter which city in Ontario you live in, hit-and-run accidents can happen at any time, even if you are a responsible cyclist, pedestrian, or driver. One incident can shake you to your core, and you may not know who to seek compensation from. Often, offenders flee the scene. While this is frustrating, the good news is that you can pursue legal support for compensation, regardless of the driver’s status. Let’s see how it works.
· Overview of a hit-and-run case
Under Ontario law, drivers should not leave the scene of an accident without sharing their contact details and offering support to the injured person. Still, some drivers break this rule to hide their mistake. It doesn't matter even if they left the spot briefly; the incident is considered a hit-and-run, leading to criminal charges. Hit-and-run incidents can take various forms. A driver may run into another vehicle, a cyclist, or a pedestrian, and then flee. Even damaging a parked vehicle and leaving the scene is regarded as an offence. Of course, the absence of the driver can make damage recovery more complicated, but it does not prevent you from claiming compensation. To do so, you need to seek trusted legal help after an accident.
· The benefits of reporting the accident
Even if the at-fault driver absconds, you should register your complaint with the local police. Officials will visit the scene to take statements and collect evidence from the striking vehicle. They will review surveillance footage from various sources and release the licence plate or vehicle description so that anyone who spots it can confirm the details. Such steps are more common in cases involving severe injuries. Still, collecting evidence in urban areas has become easier due to the widespread availability of doorbell and security cameras. In rural areas, the search may take longer. Police may have to rely on skid marks or broken vehicle parts recovered from the accident scene.
What happens if the driver is identified? Your injury claim process can proceed normally, and you may have an advantage due to the offender’s mistake.
· Role of the driver or vehicle’s status in a damage claim
A personal injury claim can be initiated against the driver and the vehicle's owner as soon as the identity of the absconding driver is established. The insurance company can also be approached for a claim. You may obtain compensation for loss of earning capacity, pain and suffering, medical expenses, ongoing care costs, and more. Since fleeing the scene is considered misconduct, judges and juries often view the victim sympathetically in these cases. In some instances, the driver’s behaviour may also result in punitive damages. But what happens if the car or driver cannot be found? Don’t worry— injury compensation lawyers can guide you. Your damages can be covered through unidentified motorist coverage or the Ontario Policy Change Form.
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Unidentified motorist coverage can be claimed by an injured driver, cyclist, or pedestrian in a hit-and-run case. However, it must be established that the unidentified vehicle caused the injury. The Ontario Policy Change Form can also cover the same amount as the insurance. Nevertheless, it is a process in itself, and only your lawyer can guide you on the proper way to handle it.
