Feeling overwhelmed following a hit-and-run accident and wondering what your options are?
If you were hit by another vehicle, either as a driver or
pedestrian, and the other driver fled the scene, you may be wondering what to do next or if it is even possible to get compensation for damages or injuries sustained from the accident. The short answer is yes, there are ways to claim compensation and our Calgary hit-and-run accident lawyers have helped thousands of Albertans with these types of claims. Here’s what you should know, including the options and supports available to you.
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Common Reasons for Hit-and-Run Accidents
Understanding the “why” behind a driver fleeing the scene of an accident can be very helpful when gathering evidence and tracking down a suspect. In our experience, some of the most common scenarios include:
- The driver is under the influence of drugs or alcohol (DUI);
- The driver is operating a vehicle that is either borrowed or stolen;
- The driver does not have a valid licence (or their licence is suspended);
- The driver is running from the law or has an outstanding warrant for their arrest;
- The driver has multiple traffic incidents and doesn’t want another;
- The driver has a company car and doesn’t want the employer to know about the crash;
- The driver does not have valid insurance; or,
- The driver goes into a state of panic.
Whatever the motive, leaving the scene of an accident is a criminal offence so if you’ve been in a hit-and-run accident your first calls should be to your healthcare provider, insurance, and the police.
Steps to Take After a Hit-and-Run Accident
Reporting the Accident: How to Report Hit-and Run Accidents
If you're involved in a hit and run accident in Alberta, you should report it to the police as soon as possible. Here’s what you need to do:
- Contact Local Police: Call your local police department. Filing a police report increases the chances of catching the fleeing driver and can be crucial if you decide to make a claim later. They may also be able to speak with witnesses and collect relevant evidence. If you are injured, having a police report is an important piece of evidence that speaks to your injuries being a result of the accident.
- Seek Medical Attention: Even if you feel fine, get checked by medical professionals and follow up with your family doctor. It may take days, weeks, or even longer to realize the full extent of your injuries, but your medical reports are essential for proving the link between the accident and your injuries.
- File a Report with Your Insurance Company: Inform your insurance company about the incident as well. They will need the details for your claim.
Were you unable to gather evidence at the scene?
Many accident victims are seriously injured, lose consciousness, or are taken immediately to a hospital, so a lack of evidence is common in hit-and-run accidents. But that doesn’t mean you won’t be able to file a claim. Hit-and-run accident lawyers are highly skilled at gathering evidence after the fact. If you need help gathering evidence, an experienced injury lawyer will have the resources needed to help (i.e. camera footage, witness information, etc.).
If you were injured by a driver who fled the scene, get in touch with an experienced personal injury lawyer right away.Understanding Your Legal Rights and Options
Liability and Fault
In Alberta, determining fault in a hit-and-run involves evaluating available evidence like witness accounts and surveillance footage. Understanding how fault is assigned can significantly impact your compensation claim. Keep in mind that you may still be able to file a personal injury claim even if you were partially at fault (i.e. jaywalking, etc.).
Unidentified Driver Claims
If the driver cannot be found,
Alberta’s Motor Vehicle Accident Claims Program (MVAC) program might be an option. MVAC offers compensation for injuries and damages when the at-fault driver is uninsured or unidentified.
This program was put in place by the province of Alberta to offer victims of hit-and-run accidents, or uninsured drivers, the opportunity to receive compensation for personal injuries. The maximum combined limit for compensation is $200,000. In other words, if you and two other passengers were injured, that amount could be divided between you in amounts that are proportionate to the severity of your injuries and the value of your claims.
MVAC Eligibility
To be eligible for MVAC compensation, you must:
- Be an Alberta resident, or the resident of a jurisdiction with a similar type of programme that would compensate a resident of Alberta.
- Have sustained personal injuries in the accident.
- The accident must have occurred in Alberta.
- The at-fault driver must be impossible to identify or uninsured.
Note: MVAC does not cover property damage and requires proof that your injuries resulted directly from the accident.
Will an injury lawyer be able to help with MVAC compensation?
Need help navigating the process of taking advantage of the MVAC program? We can totally help with that, too. An experienced injury lawyer will take care of all the MVAC paperwork for you, so you won’t have to worry if you’ve done it right. At Litco Law, our personal injury lawyers know the ins and outs of dealing with hit-and-run accidents and uninsured drivers. If there is a way to get you compensation for your injuries, we will find it. We will pursue legal action on your behalf and file a claim for your injuries.
Are Hit-and-Run Accidents Covered by Insurance?
In Alberta, your insurance policy may include coverage options like uninsured motorist coverage, which can help cover damages if the responsible driver is unknown or uninsured. It’s crucial to understand how this coverage works and the process for filing a claim with your insurer. Speak with your insurance company and review your policy in order to find out if you have coverage.Can I get compensation for my injuries?
The amount of money you might receive depends on factors such as the severity of injuries, the extent of property damage, and how the accident has affected your life. Injuries can have a significant impact on your life in way that can take months or years to fully realize. The impacts are often unique to the individual and this is something that the courts and your injury lawyer will always take into consideration.
Let's say you were to get some compensation for injuries from a hit-and-run accident, here are some of the things that money could cover for you:
- Medical Expenses: Costs for treatments related to the accident, such as physiotherapy, chiropractic treatment, massage therapy, counselling, and more.
- Property Damage: Repair or replacement of damaged property (not to be confused with the MVAC program, which does not cover the loss or damage of property).
- Lost Wages: Income lost due to the accident, including loss of future ability to work as a result of injuries.
- Pain and Suffering: Compensation for things like emotional distress, negative effects to your mental health, and loss of intimacy with a partner due to injuries.
How long do I have to file a hit-and-run claim?
Statute of Limitations
DID YOU KNOW? In Alberta, you generally have up to two years from the date of an incident to file a personal injury claim (also known as the statute of limitations), or your right to do so is lost forever. But it’s important not to wait, as there may be other important deadlines or circumstances that may affect the deadline or your claim.How do I file a claim?
If you choose to file a claim, your personal injury lawyer will file your claim and present supporting evidence to the insurance company or the Court. Most cases are settled out of Court, but some may proceed to trial. Your lawyer will advocate on your behalf throughout the entire process and guide you through the next steps if litigation is necessary.What will an injury claim cost me?
Contingency Fees
At Litco Law, our personal injury lawyers work on a
contingency fee basis—meaning our fee is based on a percentage of the final settlement amount. This means that you won’t pay us anything unless and until your claim is resolved. Our percentage fee is flat and won’t increase over time. You will always know exactly what the amount is up front before hiring us. We only get paid if we resolve your case.
You will never have to pay out-of-pocket for any legal fees while you have an ongoing injury claim with us.
Are there other costs? What are disbursements?
In addition to lawyer fees, there are often expenses associated with injury claims called disbursements. They include fees for things like:
- Accessing medical reports
- Gathering expert witness assessments and reports
- Accessing police reports
- Requesting charts from doctors and other medical providers
These are to be expected but should never be hidden. Disbursements for injury claims can range from hundreds to thousands of dollars depending on the severity and complexity of your case.
We’ll always cover the cost of disbursements during your claim, which means that Litco Law pays for those expenses while your claim is ongoing.
Be sure to ask your lawyer if they will cover the cost of disbursements during your claim. In most cases, your lawyer will be able to recover all the disbursements from the insurance company of the person(s) you made the claim against.
Finding a Lawyer That’s Right for You
While some lawyers practice many areas of law, it’s important to choose a lawyer that’s experienced in Personal Injury law and hit-and-run cases. Most lawyers provide free consultations, so don’t be afraid to
shop around and meet with more than one lawyer to find one who’s the right fit for you. Don’t be afraid to ask
lots of questions.
Google reviews can be a helpful resource to help you learn more about people’s experiences with a legal team.
You know how frustrating it can be when you can’t get a person or business to answer the phone? It will be in your best interest to find a lawyer who is accessible and provides regular updates on your case. Effective communication reduces stress and keeps you informed throughout the legal process. Your legal team should clearly outline the legal process and what steps you need to take next, helping you stay on track and understand what to expect.
At Litco Law, you get an entire team dedicated to your case which means you are ensured regular communication from our team. If you have an ongoing claim, you will always hear from us every 30 days or less and we’ll always get back to you within 24 hours.
It Won’t Cost You Anything to Talk to Us
At Litco Law, you don’t pay us anything unless and until we win your case. Consults are always free and we’ll cover all costs related to gathering evidence until your case is resolved. You don’t pay us unless we win your case.
Contact us today for a free consultation—there’s no charge to talk to a lawyer.
Our Calgary Hit-and-Run Accident Lawyers Are Here for You
Since 1976, Litco Law has been Alberta’s trusted personal injury law firm.
Voted Calgary’s Top Choice Personal Injury Law Firm, we have a long-standing track record of providing justice and compensation for our clients. Even if the driver who injured you isn’t found, we will work to ensure you receive the compensation you deserve.
We’re here to help you through this challenging time. Contact us today to book your free consultation and let us take care of the legal work while you focus on recovery.
Our legal team is standing by ready to assist with a variety of personal injury claims, including:
These are the most common types of accidents we see, and we may be able to assist you with your injury claim even if it isn’t on this list.
Contact us and we’ll find a way to help you.
While our head office is located in Calgary we also have offices in Edmonton, Red Deer, and Lethbridge. The best part is we can serve clients all across Alberta regardless of where you live thanks to virtual technology, so don’t hesitate to reach out even if you don’t live in these cities.