Who Can You Sue After a Hit-and-Run Car Accident Resulting in Serious Injury?

Q: I was involved in a hit and run car accident where the other driver hit my car and left the scene of the accident. I am seriously injured.  Who do I sue?

A: A hit and run is a serious offence that occurs when a driver hits another vehicle, pedestrian or cyclist and fails to remain at the scene of the accident. A driver has a duty to stop and remain at the location of the accident and the failure to do so is a violation of the law.

This can be a frustrating situation for the injured party but, it doesn’t mean you can’t sue.  If you do not know the identity of the driver that hit you, you may be able to sue your own insurance company and trigger the portion of your policy which provides coverage for an unidentified and uninsured motorist. This is a mandatory coverage provision in all motor vehicle insurance policies in Ontario. This lawsuit would include a claim for your and you family members’ pain and suffering, economic loss, future medical and care needs and out of pocket expenses.

To best protect your rights, you should contact an experienced personal injury immediately after your accident to obtain advice on whether you have a claim against your own insurance company.