How to Handle Hit and Run Accidents in Toronto

Hit-and-run accidents are an unfortunate reality in Toronto, leaving victims with physical injuries, emotional trauma, and financial burdens. When the victim of a hit and driver flees the accident scene, it can be challenging to seek justice and claim compensation for damages. If you have been involved in a hit and run incident, understanding the necessary steps to protect your rights is crucial to get the best possible outcome.

At Grillo Law, we specialize in personal injury claims and have successfully represented hit-and-run victims in Toronto and across Ontario. This guide will help you navigate that aftermath of being involved in a hit-and-run accident, ensuring you take the right steps to strengthen your claim and secure the compensation you deserve.

Understanding Hit and Run Accidents

A hit-and-run accident occurs when a driver involved in a collision leaves the scene without stopping to provide their contact information with police or assist injured individuals. Under Canadian law, this act is a criminal offence and can lead to severe penalties, including fines, jail time, and licence suspension.

Types of Hit and Run Accidents in Toronto

Hit and run car accidents can occur in various situations, including:

• Hitting a parked vehicle: A vehicle collides with an unattended car (e.g., hitting a parked car in a parking lot) and leaves without their contact details or waiting for the vehicle owner.
• Colliding with a moving vehicle: The-at-fault driver hits another car and drives away without checking for injuries or reporting the accident.
• Striking a pedestrian or cyclist: A vehicle hits a pedestrian or cyclist and leaves the scene without rendering aid or providing insurance details.

Regardless of the circumstances, victims should take immediate action to collect evidence, protect their rights, and pursue compensation.

Legal Ramifications of a Hit and Run

Under the Criminal Code of Canada, fleeing the scene of an accident is a serious offence that can result in:

• Fines up to $2,000
• Licence suspension for up to two years
• Imprisonment for up to 10 years if serious injury or death occurs

If the driver or other vehicle that caused the accident is not found, victims may still be eligible for compensation through:

1) Their own insurance policy (via uninsured motorist coverage).

2) The Motor Vehicle Accident Claims Fund (MVACF): An Ontario program that compensates victims of uninsured or hit-and-run drivers.

What to Do After a Hit and Run: Immediate Steps

Don’t Follow the Fleeing Driver

It may be tempting to follow the car that leaves the scene, but this can be dangerous and illegal. Instead, stay at the scene and focus on gathering evidence.

Stop and Assess the Damage

After a serious hit and run accident, it is important to stay calm and assess the situation. Ensuring your safety and that of others involved is the first priority.

• Check for Injuries: If you or any passengers are injured, call 911 immediately.
• Move to a Safe Location (If Possible): If your vehicle is drivable, move it to a safe spot to avoid further collisions. If you are unable to move your car, turn on your hazard lights to alert other drivers.
• Evaluate Vehicle Damage: Check your vehicle for damage, noting any dents, broken lights, scratches, or fluid leaks. Take clear photos of the damage from multiple angles to document the extent of the accident.
• Note Important Details: Write down the time, date, and exact location of the accident. If you saw the fleeing vehicle, try to remember key details (such as make and model of the car, car’s paint colour, any part of the licence plate number you can recall, direction the vehicle was heading after fleeing, and any distinctive marking or damage on the other car)

Contact the Police

• File a police report, even if the damage appears minor.
• Provide any details you remember about the fleeing vehicle (license plate number, make, model, and colour of the car).
• If possible, request footage from nearby security cameras.
• A policy report is crucial evidence for your claim.

Seek Medical Attention

After an accident, seeking medical attention is crucial, even if you don’t feel injured right away. Many injuries, such as whiplash, internal bleeding, or concussions, may not be immediately apparent due to adrenaline and shock. Prompt medical care can help diagnose hidden injuries and create a medical record, which is crucial for your insurance company, claim, and legal case.

• Call Emergency Services: Call 911 immediately. Paramedics can assess injuries on-site and determine if emergency hospitalization is necessary.
• Visit a Doctor, Even if You Feel Fine: Some injuries develop hours or even days after an accident. A medical professional can detect injuries that may not be obvious, such as concussions, whiplash, fractures, internal injuries, and emotional trauma
• Keep All Medical Records: Doctor’s report, X-rays, and prescriptions serve as important evidence if you need to file an insurance claim or pursue legal action. A well-documented timeline of injuries and treatments can help establish the accident’s impact on your health and ability to work.
• Follow Your Treatment Plan: Comply with all prescribed treatments, such as physical therapy or follow-up visits. Failing to follow medical advice can be used by the insurance company to argue that your injuries are not severe.
• Monitor for Delayed Symptoms: Some injuries, like nerve damage or emotional distress, develop over time. Seek medical attention if you experience:
  • Chronic pain or stiffness
  • Persistent headaches or dizziness
  • Emotional distress, anxiety, or PTSD symptoms

Seeking timely medical attention not only safeguards your health but also strengthens your claim to car and insurance coverage and for compensation. After receiving medical care, your next step is to have someone call the insurance company or police to report the accident and begin the legal process.

Gather Evidence from Witnesses

In hit-and-run accidents, witness testimony can be invaluable in helping identify the fleeing driver, proving liability, and supporting your insurance claim or legal case. Witnesses may provide details you missed, such as partial licence plate number, vehicle description, or other driver’s actions before the crash. Here’s how to properly gather witness evidence at the accident scene:

• Identify Witnesses Immediately: Look around for pedestrians as soon as possible, other drivers, cyclists, or store employees who may have seen the accident. Ask if they are willing to provide a statement or contact information.
• Record Their Contact Information: Obtain the witness’s full name, phone number, and email address. If possible, ask for their home or work address for official accident report documentation. Let them know you may need their testimony for an insurance claim or policy report.
• Ask Specific Questions: Encourage witnesses to provide detailed and factual information about the accident. If they did not see the actual collision, they may still have observed reckless driving, speeding, or erratic behaviour before the crash.
• Record Their Statement: If the witness is comfortable, ask if you can record their statement using your phone’s voice memo feature. Take written notes if recording is not an option.
• Share Witness Information with Police and Your Lawyer: Provide witness details to the police officer at the scene for the official accident report. If pursuing legal action, your personal injury law can contact witnesses to strengthen your case.

Document the Scene

It is important to document the scene, note any vehicles involved, if it was a vehicle collision or a pedestrian accident, if you or other suffer injuries, and if the driver leaves the scene. It is important to call the police and make sure you give a detailed statement to the officers. This will help you strengthen your claim and receive the compensation you deserve.

Talk to Your Insurance Company

If the at-fault driver fled, your ability to seek compensation depends on your auto insurance policy and coverage.

1) Report the Accident Immediately

• Provide key details: date, time, location, vehicle description, witness info, and policy report number.
• Most insurance companies have strict deadlines for reporting hit and run claims.

2) Insurance Cover Options for Hit-and-Run Claims

• Uninsured Motorist Coverage: Covers medical expenses, lost wages, and rehabilitation if the at-fault driver is unidentified.
• Collision Coverage: Pays for vehicle repairs, minus the deductible.
• Statutory Accident Benefits (SABs): Covers medical treatment, income replacement, and attendant care.
• Motor Vehicle Accident Claims Fund (MVACF): Offers compensation for those without auto insurance.

3) Be Careful What You Say

• Stick to the facts when speaking with your insurance adjuster.

4) Next Steps in the Claims Process

• The insurance company will review medical records, repair estimates, and witness statements.
• If approved, you will receive compensation based on your policy’s coverage limits.

5) If Your Claim is Denied

• Request a written explanation of the denial.
• Provide additional evidence, such as medical records or surveillance footage.
• Consult a personal injury lawyer for legal assistance.

Seek Legal Assistance

If you’re struggling to get compensation after a hit and run accident, consulting a personal injury lawyer can help you protect your rights. A lawyer ensures you navigate the legal process effectively, maximizing your choices of a fair settlement.

At Grillo Law, we have experienced lawyers who specialize in personal injury, hit and run accident claims and personal injury cases. Contact us for a free consultation to protect your rights and secure the compensation you deserve for personal injury.

How a Car Accident Lawyer Can Help

An accident lawyer can:

• Investigate the accident by gathering evidence, witness statements, and surveillance footage.
• Deal with insurance companies to ensure you get full compensation for medical expenses, lost wages, and vehicle repairs.
• Challenge denied claims and represent you in legal proceedings if necessary.