In recent years, hit-and-run accidents have become a troubling aspect of Canadian road safety, raising serious questions about accountability, compensation, and legal protection for victims. As the number of fatal and non-fatal collisions continues to rise across the country, an unsettling trend persists: drivers fleeing the scene of accidents without offering aid, identification, or insurance details.
According to Statistics Canada, 1 in 12 pedestrian deaths involve a hit-and-run. In fact, 8% of all pedestrian fatalities in 2022 involved a driver who left the scene. At the same time, the total number of motor vehicle fatalities across Canada rose to 1,931 in 2022, a 6% increase from the previous year. Another 118,853 injuries were reported, a nearly 10% rise compared to 2021. Among the most vulnerable victims are children, with around 1,000 child pedestrians injured annually in Canada.
Behind each number is a victim or family left to navigate the complex and often confusing world of insurance claims and compensation. This article explores how hit-and-run compensation works in Canada, the eligibility rules, and why not every victim receives the support they may expect.
What Is a Hit-and-Run Accident? Legal Definition and Consequences
A hit-and-run occurs when a driver involved in a collision, whether with another vehicle, a cyclist, or a pedestrian, leaves the scene without providing identification or assistance. This act is a criminal offence in Canada and carries penalties such as fines, imprisonment, and suspension of the driver’s licence.
Canadian provinces require all vehicle owners to carry insurance. For example, Ontario’s Compulsory Insurance Act mandates every driver to maintain insurance coverage before operating a vehicle. However, 0.8% of vehicles involved in Ontario collisions in 2020 were found to be uninsured, raising the stakes when a hit-and-run occurs and the driver cannot be identified.
How Common Are Hit-and-Run Accidents in Canada?
While precise national data is difficult to compile due to provincial reporting differences, hit-and-run incidents are clearly present across the country. Again, 8% of pedestrian fatalities involved drivers who fled the scene. Of those incidents, 47% involved passenger vehicles, and 13% involved heavy commercial vehicles such as dump trucks or snowplows. In 33% of cases, vehicle type was not specified, leaving investigators and victims with even fewer leads.
Contributing factors like distracted driving continue to raise risks across the board. According to the OECD’s Canadian road safety report, distracted driving contributed to 19.7% of fatal collisions in 2021, a reminder of the daily dangers faced by pedestrians and other road users.
What Happens After a Hit-and-Run? The Claims Process Explained
If you are a victim of a hit-and-run, the process to receive compensation can vary depending on your province and your insurance coverage. In cases where the driver cannot be identified, claims often fall under your own insurance policy’s collision coverage or through a government-backed fund.
In British Columbia, for example, the Insurance Corporation of British Columbia (ICBC) handles such claims. Victims typically need to file a police report promptly and provide supporting documentation such as witness statements and vehicle damage assessments. While deductibles apply, they can be relatively low, for example, as little as $300 for collision claims.
Compensation in Ontario: What MVACF Provides
In Ontario, victims of hit-and-runs involving uninsured or unidentified drivers may seek compensation through the Motor Vehicle Accident Claims Fund (MVACF), a last-resort safety net for those who cannot recover damages through conventional insurance.
In 2021, 43,126 claims were filed with the MVACF, and the fund paid out over $71.8 million in structured settlements. Such payouts often cover medical bills, lost wages, and in some cases, long-term care costs or death benefits. The fund does not typically cover property damage unless it is tied to personal injury.
Compensation in British Columbia: What ICBC Covers
In British Columbia, ICBC allows you to claim up to $200,000 in compensation if you are the victim of a hit-and-run involving an unidentified vehicle. This coverage can apply to both injuries and property damage. ICBC also provides accident benefits that may cover medical costs and rehabilitation regardless of who was at fault.
However, this compensation is not automatic. Claimants must provide strong evidence that they took reasonable steps to identify the driver, including promptly notifying the police. Failure to report in a timely manner can jeopardize a claim.
Who Is Eligible for Compensation After a Hit-and-Run?
Eligibility for compensation can depend heavily on residency, documentation, and timing. In Ontario, the MVACF only serves people who are “ordinarily resident” in the province. This means that undocumented migrants or temporary visitors may not qualify for help, even if they were clearly the victim.
A notable case involved a Brazilian man living illegally in Canada who was denied MVACF compensation after being hit by a car whose driver fled the scene. Despite suffering serious injuries, he did not meet the eligibility criteria due to his immigration status.
How Much Compensation Do Victims Receive on Average?
Payouts for hit-and-run incidents can vary widely. The average motor vehicle accident settlement in Canada is about $120,000, although this figure includes a wide range of cases, from minor soft tissue injuries to catastrophic impairments.
Your final settlement may be influenced by the severity of your injuries, the duration of recovery, loss of income, psychological trauma, and access to legal representation. If the driver is identified and has insurance, you may be eligible for a more comprehensive payout. If not, your claim may be capped by government programs like the MVACF or ICBC limits.
Why Some Victims Don’t Receive Compensation
Despite the systems in place, not every hit-and-run victim receives financial help. Common barriers include a lack of proof, an inability to identify the vehicle involved, or ineligibility due to immigration status.
In other cases, delays in reporting the incident or filing the claim can lead to denial. The legal requirement to act promptly means that even deserving claimants may be left without recourse if paperwork or evidence is lacking. As seen in the Brazilian migrant’s case, legal residency status can also be a defining factor.
How Mandatory Insurance Reduces Risk in Hit-and-Run Cases
Mandatory insurance laws play a key role in supporting accident victims, particularly in hit-and-run scenarios. By law, drivers in provinces like Ontario must carry valid auto insurance. This obligation, outlined in the Compulsory Insurance Act, reduces the likelihood of victims facing drivers who cannot cover the cost of injuries or damage.
When insurance coverage is in place, claimants have access to multiple streams of compensation, such as third-party liability, accident benefits, and in some cases, lawsuits. In contrast, collisions involving uninsured or unknown drivers rely solely on government funds, which may offer lower payouts and stricter eligibility requirements.
Conclusion: A System That Works but Not for Everyone
Canada’s system for handling hit-and-run compensation has improved in scope and structure over time. Victims can often receive substantial support, especially if they act quickly, have insurance, or live in provinces with robust compensation programs. Government funds like the MVACF and insurers like ICBC help to ensure that drivers cannot easily escape financial accountability simply by leaving the scene.
Still, cracks remain. For some victims, especially those without legal status, timely evidence, or knowledge of the claims process, the road to compensation may be out of reach. As hit-and-run statistics rise, ongoing public awareness, policy reviews, and legal reform may be needed to ensure that no victim is left behind.
Injured in a Hit-and-Run? Our Team Can Help You Move Forward
Hit-and-run claims are rarely straightforward, but with the right legal team, you don’t have to face the process alone. At Joshua Goldberg Law, our experienced personal injury team helps clients across Ontario and British Columbia navigate complex, high-stakes claims with speed and clarity.
Led by Joshua Goldberg, an established litigator with a decade of experience in motor vehicle accidents, brain and spinal cord injuries, and disability insurance claims, our firm combines legal expertise with a practical, results-driven approach. We’ve handled everything from MVACF and ICBC cases to occupiers’ liability and general litigation.
Here’s what you can expect when you work with us:
- A team experienced in serious injury and insurance disputes.
- Strategic, fast-moving case management to avoid delays.
- Clear guidance on evidence, eligibility, and next steps.
- Representation across all levels of Ontario’s court system.
If you or a loved one has been injured in a hit-and-run, contact us today. We’ll help you understand your options and fight to secure the compensation you’re entitled to.
Book a Free Consultation with Joshua Goldberg Law today.
This article does not constitute legal advice. Please contact Joshua Goldberg Law should you require professional assistance.
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