If you are the victim of a hit-and-run in Markham, you must report it to the York Regional Police within 24 hours. Even if the fleeing driver is never identified, your own Ontario auto insurance (uninsured automobile coverage) or the Motor Vehicle Accident Claims Fund (MVACF) can provide compensation up to $200,000 CAD.
Experiencing a car accident is traumatic enough, but discovering the other driver has fled the scene can leave you feeling helpless and angry. A hit-and-run collision in Markham, whether your car was struck while parked at Markville Mall or while travelling on Highway 7, requires immediate and specific actions to protect your rights.
Under the Criminal Code of Canada, failing to stop at the scene of an accident is a serious indictable offence or summary conviction. However, your primary concern will be handling the immediate aftermath, seeking medical attention, and figuring out who will pay for the damage to your vehicle and your physical injuries.
Fortunately, Ontario law protects victims of hit-and-run accidents. Even if the police never locate the unidentified driver, the provincial insurance framework ensures you are not left entirely out of pocket. Here is exactly what you need to do to secure your claim.
Step-by-Step Process in Markham
Taking immediate action after a hit-and-run preserves crucial evidence. Insurance companies scrutinize these claims heavily to prevent fraud, so strictly following these steps is essential for a successful outcome in Ontario.
Step 1: Stay at the Scene and Gather Evidence
Never chase the fleeing vehicle. Pursuing a hit-and-run driver is dangerous and can lead to a more severe collision. Instead, pull your vehicle to a safe location if possible and immediately write down everything you remember: the make, model, colour, and most importantly, the licence plate number (even a partial plate is incredibly helpful).
Use your smartphone to take wide photos of the scene, the damage to your car, and any debris left behind by the fleeing vehicle. Look around for potential witnesses or nearby businesses that might have exterior security cameras facing the road.
Step 2: Report to York Regional Police Within 24 Hours
To claim hit-and-run coverage under your auto insurance policy, Ontario law requires you to report the incident to the police within 24 hours. If there are injuries or significant damage, dial 911 immediately.
If there are no injuries and the vehicle is drivable, you should proceed to the York Regional Police Collision Reporting Centre located on Hillmount Road in Markham. The officers will inspect your vehicle for transfer paint and other evidence, providing you with an incident report number that your insurance company will demand.
Step 3: Notify Your Insurance Provider
You must inform your insurance company about the hit-and-run as soon as possible, ideally within 7 days. Under the standard Ontario auto insurance policy (OAP 1), you are protected by Uninsured Automobile Coverage. This section of your policy covers bodily injury and property damage when the at-fault driver is unidentified.
Your insurance adjuster will investigate the claim. They will require the police report to confirm it was a genuine hit-and-run and not a single-vehicle accident (such as hitting a pole).
Step 4: Access the MVACF (If Uninsured)
If you are a pedestrian or cyclist involved in a hit-and-run and do not have your own auto insurance policy (and do not live with a family member who has one), you are still protected. You can apply to Ontario’s Motor Vehicle Accident Claims Fund (MVACF).
The MVACF provides Statutory Accident Benefits (SABS) and can pay up to $200,000 CAD for personal injury damages. The application requires extensive documentation, and it is highly recommended to have a local law firm assist you with the paperwork.
How Much Does it Cost in Markham?
Understanding the financial implications of a hit-and-run claim is vital. While the coverage is there, there are still some out-of-pocket considerations.
| Property Damage Deductible | Generally, a deductible applies to hit-and-run property damage claims under your Uninsured Automobile Coverage (often $300 to $500 CAD, depending on your policy). |
| Insurance Premiums | If the incident is verified by police as a not-at-fault hit-and-run, your insurance premiums should legally not increase in Ontario. |
| Lawyer Fees | If you hire a personal injury lawyer to handle a bodily injury claim via your own insurer or the MVACF, they usually charge a contingency fee (30% – 33% of the settlement). |
How Long Does the Process Take?
Timelines in hit-and-run scenarios are incredibly strict. You have exactly 24 hours to report the incident to the police to validate your insurance claim. You must also notify your insurer within 7 days and submit a complete application for accident benefits within 30 days of receiving the forms.
If you need to file a lawsuit against your own insurer for uninsured automobile coverage (if they deny your claim or undervalue your injuries), you have a two-year statute of limitations from the date of the accident to begin legal proceedings.
Frequently Asked Questions (FAQ)
What if my car was hit while parked and unoccupied?
If your parked car was hit and the driver fled, it is still considered a hit-and-run. Report it to the Markham Collision Reporting Centre. Your insurance will cover the repairs under your Uninsured Automobile or Collision coverage, though a deductible may apply.
Will my insurance company believe me?
Insurance companies are cautious about hit-and-run claims to prevent fraud. This is why immediate police reporting, taking photos of paint transfer, and gathering witness statements or dashcam footage are critical to proving your claim.
Can I claim pain and suffering in a hit-and-run?
Yes. In Ontario, if the driver is never found, your own insurance company steps into the shoes of the unidentified driver through Uninsured Automobile Coverage. You can pursue a claim for pain and suffering up to the $200,000 CAD statutory limit.
Should I investigate the hit-and-run myself?
You can canvas the immediate area for businesses with security cameras or post on local Markham community boards for dashcam footage, but you should never attempt to confront a suspected driver. Always pass new evidence directly to the York Regional Police.
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