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Published November 6, 2020

In every Canadian province, individuals are legally required by law to have auto insurance. However, that doesn’t stop people from breaking the law and driving without insurance. So, what should you do if you get into a car accident with someone with no insurance?

I was hit by a car as a pedestrian, but I have car insurance.

If you’re hit by an uninsured driver while you are a pedestrian, it’s important to first seek medical attention. Learn more about what you should do immediately following a car accident here.

Normally when a car accident happens, it’s up to the injured person and their lawyers to prove the negligence of the other party. This isn’t the case when a pedestrian or cyclist is injured in a car accident. The onus is automatically placed on the driver in these scenarios, however that doesn’t guarantee that liability will be placed against the driver in a pedestrian accident claim.

Uninsured automobile coverage should be part of your insurance policy that protects you if you are involved in an accident resulting in injuries with a driver who does not have insurance (also called uninsured motorist) or with a driver who commits a hit-and-run offense.

If you have insurance, it’s important to contact your insurance company to report your accident, even though you weren’t driving at the time. It’s likely your auto insurance will still cover your accident and injuries, but it’s important to act quickly.

Regardless of fault, Accident Benefits are available to all injured parties in an accident. Your insurance company should send you an Accident Benefits application soon after you’ve informed them. If they don’t, make sure to inquire about Accident Benefits as you must complete and submit this application within 30 days.

Accident Benefits include:

Since June 1, 2016, you have the following options with respect to Statutory Accident Benefits.

Medical and Rehabailitation Benefit

  • Standard Medical and Rehabilitation benefits – Up to $65,000 for medical, rehabilitation, and attendant care benefits, including assessment costs, for a duration of 5 years;
  • Consider options to increase your limits:
    • Up to $130,000 for medical, rehabilitation, and attendant care benefits, including assessment costs, for a duration of 5 years or;
    • Up to $1,000,000 for medical, rehabilitation and attendant care including assessment costs, for a lifetime duration benefits.

Housekeeping and Home Maintenance Expenses

If you are unable to perform your usual duties due to your injuries, this benefit pays for reasonable and necessary additional expenses for someone to complete your usual duties.

  • Standard benefit – up to $100 per week, but available only for Catastrophic injuries;
  • Consider Optional benefit – up to $100 per week, available for all injuries.

Income Replacement Benefit

  • If you cannot work as the result of an auto accident, you may be eligible for basic weekly income replacement benefits of up to $400. This benefit commences after one week.
  • Consider Optional benefit – up to $800 per week;

I was hit by a car as a pedestrian, but I don’t have car insurance.

If you were injured in a car accident and no one involved has auto insurance, you may be eligible for compensation from the Motor Vehicle Accident Claims Fund. The Government of Ontario established the fund to help injured parties receive compensation for injuries or property damage in situations exactly like this.

There are different benefits you can receive under the Motor Vehicle Accident Claims Fund, such as:

  • Accident benefits if you suffered an injury
  • Death and funeral benefits on behalf of someone who died
  • Compensation for personal injury or property damage (doesn’t include vehicles)

In order to be eligible, you must:

  • Live in Ontario
  • Be injured in a collision where no one had auto insurance (You were a pedestrian, cyclist, or the passenger of the vehicle)
  • Were injured or have property damage over $100.

If your claim is over $3,000, you must take legal action against the uninsured motorist through civil action.

Learn more about the Motor Vehicle Accident Claims Fund here.

What happens if the car accident was a hit and run?

If you don’t know who hit you because the other car failed to remain at the scene, then it’s treated as a normal insurance claim, and you would be covered.

What if I’m badly injured?

In Ontario, you’re covered by Accident Benefits from your policy in any crash, whether you’re hit, you hit someone, or you’re walking at the time of the injury. However, for permanent injuries such as brain injury or spinal cord damage , you should consider suing the at-fault driver for damages, loss of wages, and the cost of medical treatment.

Why should I choose MG Law to help me?

Getting the compensation you deserve can be a big challenge, unless you have an experienced law firm at your side like MG Law. At MG Law, our auto accident law firm will work on your behalf to get results for you. We work hard to provide you with all the details, so you can make informed decisions going forward. In fact, our team provides legal services in French, English, all Arabic dialects, Mandarin, and Russian to serve you better.

Call 613-730-8460 to get your free consultation. This meeting will allow us to get to know you and learn more about your accident, while at the same time allowing you to have your questions answered. You don’t have to face these unknown hurdles alone with MG Law at your side.

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