A hit-and-run accident is an accident where one of the parties involved in the accident flees the scene. Often a hit-and-run accident involves an unidentified vehicle that leaves the scene of an accident before furnishing the identity of the driver, the identity of the owner of the vehicle, and other insurance particulars. However, a hit-and-run does not always involve unidentified vehicles and sometimes the vehicles are identified at the accident scene or at a later date. Either way, one of the vehicles flees the scene of the accident.
These accidents can have serious repercussions. It can prove difficult to establish liability as well when there is no one at the scene of the accident to hold accountable, so it is important to work with a skilled accident attorney right away if you are involved in a hit and run. A Toronto hit and run accident lawyer can help you fight for your right to compensation.
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Unique Aspects of Hit and Run Cases
The insurance laws of the province of Ontario get a little more complex in a hit-and-run accident. Even if a person is unable to identify the vehicle that caused the accident because it fled the scene of the accident, there is still protection afforded under the person’s own policy of insurance. When someone strikes an individual’s vehicle causing them injury, they can seek recourse through the unidentified and/or uninsured provisions of their own policy. That is included under the standard policy of insurance called the OAP 1 in Ontario. A Toronto hit and run accident attorney can help to explain these complications.
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Sometimes a pedestrian is struck by a vehicle that flees the scene because the person is knocked to the ground and unable to respond. For someone who does not have a policy of insurance such as individuals operating bicycles, or pedestrians, there is the Motor Vehicle Accident Claims Fund (MVACF). This is a provincial body set up by the province of Ontario that affords coverage to people who do not have insurance. Under the policy of insurance offered by MVACF, a person can obtain accident benefits. In the event that they were not at fault for the accident, that person can even bring a tort claim against MVACF and the unidentified driver in a hit and run accident in Toronto.
Working with an Accident Lawyer
Hit and run lawyers in Toronto can provide access to certain types of benefits and help navigate the system of insurance. The Insurance Act sets up layers of coverage that a person can obtain through their own policy of insurance. For instance, in the event that a person has an automobile, that person can seek recourse under their own policy of insurance under the unidentified and uninsured provisions of their policy. That component of the person’s policy provides them with protection in the event that they are involved in a hit-and-run accident.
Many people think that because they cannot identify the person or vehicle that caused the accident, they have no recourse. Lawyers can use their expertise to help identify the avenues of recourse. For instance, one possibility is under the person’s own policy of insurance. When someone is dependent on the person they live with, such as a spouse or parent, they can seek recourse through that person’s policy of insurance as well. More importantly, there is also MVACF. However, there are limitations on MVACF and the uninsured and unidentified provisions on someone’s policies that they only cover up to $200,000 worth of compensation and that is with respect to third party claims. Both policies provide access to accident benefits which is mandatory for all people involved in accidents.
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Contacting a Toronto Hit and Run Accident Lawyer
A Toronto hit and run lawyer can help their client navigate the system and get access to additional coverage under the Family Endorsement Protection of their policy. There are hurdles and evidentiary requirements required in order to access such policy. For example, a person needs independent collaborating evidence to get that next layer of coverage. A hit and run accident attorney in Toronto can help the person identify what is needed in order to access that second layer of coverage.