If you are the victim of a hit and run in London, you can still claim compensation. Ontario auto insurance policies include mandatory Uninsured/Unidentified Automobile Coverage (OPCF 20). You must report the accident to the police within 24 hours to successfully use this coverage.
Being involved in a motor vehicle collision is frightening, but watching the responsible driver speed away from the scene adds a layer of intense anger and confusion. 😞 Hit and run accidents happen frequently in busy commercial parking lots, late at night on Richmond Row, or even on major thoroughfares. Leaving the scene of an accident is a severe criminal offence under the Criminal Code of Canada, yet many drivers flee due to panic, intoxication, or lacking valid insurance.
Many victims mistakenly believe that if the fleeing driver is never caught, they have no way to recover damages for their injuries or lost wages. Fortunately, Ontario’s insurance system is designed to protect you. Even if the driver remains a ghost, you have specific legal avenues through your own insurance provider to secure a financial settlement, provided you follow strict reporting deadlines.
Step-by-Step Process in London, Ontario
When the at-fault driver vanishes, the burden of proof shifts heavily onto you. 📝 You must prove to your insurance company that the accident actually happened and was caused by another vehicle, rather than your own negligence.
Step 1: Stay Put and Call the Police Immediately
Do not try to chase the fleeing vehicle. Chasing them is dangerous and removes you from the scene of the crime. Pull over safely and dial 911 (or the London Police Service non-emergency line if there are no injuries). By law, you must report an accident involving an unidentified vehicle to the police within 24 hours. If you fail to do this, your insurance company will likely deny your claim.
Step 2: Document Everything You Remember
Write down everything you can recall about the fleeing vehicle immediately before your memory fades. 🗂️ Note the make, model, colour, and especially any partial numbers from the licence plate. Look around the street for nearby businesses in London that might have security cameras pointing at the road. Gather the contact information of any pedestrians or other drivers who witnessed the crash.
Step 3: Notify Your Insurance Company
You have 7 days to inform your own auto insurance provider about the hit and run. You will be claiming under your Uninsured/Unidentified Automobile Coverage. This mandatory portion of your policy steps into the shoes of the missing driver, allowing you to sue your own insurance company for pain, suffering, and damages up to the limits of your policy (usually $200,000 CAD or more).
Step 4: Claim Your Statutory Accident Benefits (SABS)
Regardless of whether the driver is found, you are immediately entitled to no-fault medical and income replacement benefits through your own insurer. 💼 A local personal injury lawyer will help you complete the complex SABS application package to ensure your physiotherapy and lost wages are covered while you recover from your injuries.
How Much Does it Cost in London?
Filing a claim through your own Unidentified Automobile Coverage does not mean you have to pay massive legal fees. 💰 Lawyers handle these claims exactly as they would if suing a stranger.
| Service / Expense Type | Estimated Cost (CAD) |
|---|---|
| Reporting to London Police | Free |
| Initial Legal Consultation | Free |
| Lawyer’s Contingency Fee | Typically 25% to 33% of the final settlement |
| Collision Deductible | Check your policy (often $500 – $1,000 for vehicle repairs) |
How Long Does the Process Take?
Hit and run claims can take time because the police will keep the file open while searching for the culprit. 🗓 If the driver is never found, negotiating a settlement with your own insurance company under the unidentified driver clause generally takes 1 to 2 years. If your own insurer disputes the severity of your injuries, your lawyer may need to take them to court, which extends the timeline.
Frequently Asked Questions (FAQ)
Will my insurance premiums go up if I file a hit and run claim?
If the police and your insurance company are satisfied that you were completely not at fault, and it was a genuine hit and run, your auto insurance premiums should not increase in Ontario. However, you may still have to pay your collision deductible to fix your car.
What if I was a pedestrian or a cyclist when I was hit?
If you have your own auto insurance policy, you claim through it, even if you were walking or cycling. If you do not have auto insurance, you can claim through the insurance of anyone you live with. If no one in your household has insurance, you can apply to the Ontario Motor Vehicle Accident Claims Fund (MVACF).
What happens if the police eventually find the driver?
If the police locate the driver, they will likely face criminal charges for failing to remain at the scene. Your lawyer will then shift your civil claim away from your own unidentified driver coverage and directly sue the at-fault driver’s insurance policy instead.
Why is the 24-hour police reporting rule so important?
Insurance companies use the 24-hour rule to prevent fraud. They want to ensure people do not crash their own cars into a pole and then claim a phantom driver hit them a week later. Failing to report within 24 hours gives the insurer legal grounds to deny your claim.
Can I claim pain and suffering against my own insurance?
Yes. Under the Unidentified Automobile Coverage, your insurance company steps in to act as the fleeing driver’s insurer. If your injuries meet the permanent and serious threshold in Ontario, you can sue your own company for pain and suffering damages.
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