Hit and Run Accidents
A hit and run accident in Barrie would not be defined any differently than a hit and run accident anywhere else in Ontario. All motor vehicle accidents resulting from driver negligence including hit and run accidents are civil actionable wrongdoings and a person can seek relief through the courts in Ontario for the purposes of accessing the insurance policy of the at fault driver (or their own insurance policy in cases where the at fault driver is unidentified).
Under the Ontario Insurance Act, where a person would have an accident arising from the use and operation of a motor vehicle and an accident resulting in a personal injury which would include a hit and run accident, then the at-fault driver would be covered by their insurance policy and that coverage would be accessible to the injured party through a claim against the at-fault driver.
Consult with a Barrie hit and run accident lawyer for more information regarding the process of claim and the various legal options available if the driver left the scene of the accident. A knowledgeable auto injury lawyer can offer many services in hit and run incidents.
Common Patterns in Hit and Run Accidents
People who flee the scene after causing a hit and run accident is a common pattern in Barrie. It can cause more damage to themselves even if they think otherwise. It is likely in many hit and run cases that license plates would be recorded or witnesses would be around.
Although witnesses can be likely, a hit and run case can differ from other kinds of accident cases in that the person who flees the scene may not be identified. If that is the case, a plaintiff would have recourse to unidentified driver coverage under their own auto policy. One of the main differences in a hit and run case and other auto accident cases is that in the event that the driver is unidentified, the injured person will be able to advance a claim against their own insurance company under the unidentified driver provisions of the policy.
Recoverable Damages
Damages recoverable in a hit and run case in Barrie are similar to damages recoverable in any type of motor vehicle claim. An injured person can advance a claim for their pain and suffering damages, for their lost earnings, for their diminished ability to maintain their home, for lost wages, and for their rehabilitation and care needs.
Punitive Damages
In motor vehicle litigation, courts will award punitive damages, but this happens sparingly in instances where there has been an especially reckless conduct that the court wishes to deter and condemn. If for example, a hit and run was part of a larger pattern of reckless behavior that included drunk driving or driving the wrong way on a highway, that is potential conduct that could attract the award of punitive damages.
Important Steps After an Accident
In a hit and run accident, it is especially important for the injured person to report the accident promptly to their own insurer and to the police for the injured person to do their best to try and identify the person who fled the scene. If the injured party is in any condition to do it or if they have passengers or any other passengers in the car who can help them, speaking to other witnesses around to see if anyone noted the make, model, and plate information would also be an important step.
How a Barrie Hit and Run Accident Lawyer Can Help
A lawyer can help with the investigation of the claim, with collecting evidence, with collecting police records, with collecting medical documents, and other matters. In the event that the driver who commits the hit and run accident is unidentified, a Barrie hit and run accident lawyer can help with advancing the claim properly against the injured party’s own insurance company. Those are only some of the few ways that a lawyer can help, call a lawyer for more information.
