Personal Injury Law

Hit-And-Run Accident Lawyers In Mississauga

Personal Injury Law

Hit And Run Accident Lawyers

An accident is considered a hit-and-run when a driver leaves the scene without stopping. It is the initial panic that prompts some drivers to flee without bothering to help the victim or to call the appropriate authorities to report the accident. In such cases, it is difficult to identify the driver and hold him liable for the damages, limiting the legal options available to you. If you are the victim of such an accident, our Hit and Run Accident Lawyers can help you get the appropriate compensation and fight for your rights.

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Things to do in the event of a Hit and Run Accident

Ensure your health and safety

Take care of his health first. As a pedestrian hit by a car, your first instinct should be to move away from the middle of the road to a safe location by the side of the road. Check yourself for any injuries. On the other hand, do not move if you suffer from any injuries to your neck or spine, as any minor damage to the spinal cord might cause serious health problems, including permanent paralysis. Let the trained paramedics come to your aid and then move you carefully from the scene to the nearest hospital.

Report the incident to the police

You need to call the police and report the matter immediately. If you can remember the details regarding the vehicle that sped away from the scene, such as the vehicle number and the make and colour of the vehicle, pass it on to the authorities. Such details, especially the vehicle number, will help them in tracking down the driver and bringing him to justice. The sooner you report the matter, the easier it will be for them to track down the vehicle. You can refer to this police report when you file your compensation claim with the court later.

Document any evidence from the scene

If there were any witnesses to the accident, make sure to get their names and contact details for future reference. Take pictures of the location, the damage to any vehicle or property, and any other evidence such as broken glass, debris, or tire marks. Please note that one of the main difficulties in resolving hit-and-run cases is the lack of evidence, especially when it comes to tracking the driver. Collect any information from the witnesses that might help in identifying the driver. This could be a description of the driver, the vehicle number, or anything else they might remember, like a special bumper sticker or decal on the vehicle.

How can our Hit and Run Accident lawyer help you in such a case?

Helping you get the compensation from your insurance provider.

Even if the driver of the vehicle remains untraceable, Canadian law grants the victims the right to claim compensation through their insurance provider. You need to consult a Personal Injury lawyer to help you through the process, as there are plenty of variations regarding this across the provinces. Some provinces have set up funds and programs for compensation in case of uninsured hit-and-run cases. If you do not have coverage under your insurance policy, it might still be possible to obtain compensation in such cases.

Pursuing the case when the driver is finally identified.

If you are lucky, the driver might finally be traced using the information you provided. If so, then you may claim damages from the defendant for the medical care for your injuries, lost wages, emotional distress, pain and suffering, and any other out-of-pocket expenses you incurred because of the accident. Your lawyer will represent you in negotiations with the defendant’s insurance provider if he is covered under a policy. However, in some cases, the driver might not be insured, or his insurance coverage might not be enough to pay for your damages. If so, you will have to initiate a civil suit against him for the compensation. Our Personal Injury lawyer will help you with filing the case and help you win the compensation you deserve from the defendant.

Frequently Asked Questions

Are there any time limits for filing the claim for compensation?

The time limit for filing such claims in most provinces is typically two years. However, you need to report the accident to the police within 24 hours. This report will be crucial when the claim finally reaches the court. Similarly, you also need to inform your insurance provider about the incident as soon as possible. In some provinces, it is required that you inform your insurance provider within 7 days. But this varies from province to province. Your Personal Injury lawyer will guide you here and ensure that you meet all these important deadlines.

What happens when the driver of the vehicle is caught?

The driver of the vehicle will eventually face criminal charges if he is caught. Depending on the nature of the accident, he might receive a fine, suspension of driving license, or even prison time. Once the driver is identified, you can initiate your lawsuit for damages against him, which in many cases will be covered by his insurance provider. However, in many cases, the identity of the driver is never discovered. So, you may have to be content with the fact that without CCTV footage or a vehicle number to initiate a trace, the culprit is not likely to be brought to justice.

What are the different types of evidence you need to submit for a hit-and-run accident claim in court?

You have to submit the following evidence to the court to support your compensation claim in a hit-and-run case:

Any evidence from the accident site, like pictures or videos showing the extent of your injuries or property damage you incurred from the accident.
The police report on the accident.
The statements collected from the witnesses at the scene who can support your claim.
The records from the medical team who treated your injuries. In case of major injuries requiring long-term care, submit testimonies from medical experts to substantiate your future medical care expenses.
Any other information that will support your claim.

Are pedestrians eligible to receive compensation in a hit-and-run accident case?

The insurance cover generally extends to not just the drivers and passengers, but also the pedestrians, cyclists, or anyone else who happened to be at the site and got injured in the accident. Even if you were just a pedestrian at the site, you still have the legal right to approach the insurance company with your claim. You just need to prove that the injury happened as a result of the hit-and-run accident. If you are not covered under an insurance policy, then you may approach the provincial insurance fund set up for this purpose.