Being struck by a car can be a terrifying ordeal, and the situation worsens if the driver who hits you is uninsured. In Ontario, while this scenario can add layers of complexity, there are still ways to seek compensation and recover from your injuries. This guide will walk you through the essential steps to take if you find yourself in this unfortunate situation.
Immediate Steps After the Accident
- Call Emergency Services
Your first priority is to ensure your health and safety. Regardless of how you feel initially, it’s essential to call 911 so medical professionals can assess your condition. Adrenaline often masks the severity of injuries, so an immediate check-up is necessary. - Move to Safety (If Possible)
If you are able to do so without further risk, move out of traffic to avoid additional harm. If you have a phone, activate your hazard lights to warn other drivers. - Collect Vehicle Information
While waiting for help, try to take note of any details regarding the vehicle that struck you. Details such as the car’s make, model, color, and any visible marks or damage are all helpful. Even partial license plate numbers can be invaluable in tracking down the driver. - Seek Out Witnesses
If there are any bystanders or witnesses, ask them to stay until the police arrive and provide their contact details. Their statements will be crucial in supporting your case and confirming the details of the accident.
Reporting the Incident
When emergency services arrive, inform them about the uninsured driver. This will be recorded in your medical report, a document that will play a significant role in your case. File a police report promptly with all the details you can provide about the accident and the driver. The police will then begin an investigation to locate the at-fault driver.
Financial Relief Through the MVACF
One of the most pressing concerns following an accident with an uninsured driver is securing financial compensation. Fortunately, in Ontario, pedestrians who are injured by uninsured drivers can claim accident benefits through the Motor Vehicle Accident Claims Fund (MVACF). This government-funded program can assist with medical expenses, lost wages, rehabilitation, and other related costs.
How to File a Claim with MVACF
To begin the claims process, you’ll need to provide the following documents:
- Completed MVACF application form (available online).
- A copy of your police report.
- Medical records showing the nature and extent of your injuries.
Why You Should Consider a Personal Injury Lawyer
While you may not wish to sue the driver directly, consulting with a personal injury lawyer can still be very beneficial. A lawyer can help you understand your rights, navigate the MVACF claims process, and ensure you receive the maximum compensation. They can also help gather necessary evidence and negotiate on your behalf.
Time Limits for Legal Action
In Ontario, the statute of limitations for suing an at-fault driver is typically two years from the date of the accident. It’s vital to consult with a lawyer early to ensure you do not miss any crucial deadlines.