Alberta Hit-and-Run Injury Claims: Navigating Your Case and Compensation

A hit-and-run motor vehicle accident can often leave victims in shock and uncertain about their next steps. They can range from small bumps in a parking lot to extremely serious crashes, but they have one thing in common: a driver causing an accident and fleeing the scene without providing contact information. Understanding the nuances and pitfalls of a hit-and-run injury claim can help ensure that your legal rights are protected.

This article outlines essential steps to take immediately after hit and run accident, how to identify the at-fault driver and collect evidence, leveraging uninsured motorist coverage, and knowing when to hire a lawyer for a complex hit-and-run case. In addition, we will highlight some advantages of retaining a Calgary car accident lawyer.

Steps to Take Immediately After a Hit-and-Run Accident

Make sure you are safe in the immediate aftermath of a hit-and-run. Your safety and that of any passengers should be your top priority. Move to a safe location if possible and check for injuries. Call emergency services to report the accident and seek medical assistance if needed (even if you feel fine at first, it is a good idea to see a doctor in case your injury is not readily apparent). Other steps you should take are:

Gather information: While the hit-and-run driver may have fled, gather as much information as you can recall right away. Note down the make, model, and colour of the vehicle, as well as any partial or full licence plate details. Take photos of the scene, including damage to your vehicle and any other details like the weather and road conditions.

Seek witnesses: Look for witnesses who may have seen the accident and ask for their contact information. Their statements can be very useful in identifying the at-fault driver and supporting your claim. Witnesses could include other drivers, passengers, and pedestrians.

Report the incident: If you were not with the vehicle when the hit-and-run occurred, contact the police as soon as possible to file a report. A police report can serve as unbiased evidence when filing an insurance claim and seeking compensation.

Notify your insurance company: Inform your insurance provider about the accident as soon as possible. Provide them with all the information you have gathered, including the police report.

You may want to contact a car accident lawyer to discuss the hit-and-run while it is fresh in your mind as well. Our legal team can help you follow up with witnesses and investigate the collision.

Identifying the At-Fault Driver and Collecting Evidence

Identifying the driver responsible for a hit-and-run accident can be challenging, but it is not impossible. Here are some ways you can get the evidence necessary:

Review surveillance footage: Check for any nearby surveillance cameras that may have captured the incident or the vehicle involved. Businesses, traffic lights, and residential properties might have cameras that recorded the accident. Other vehicles that were parked or passing nearby might have dashcam footage.

Social media and community platforms: Use social media and community platforms to seek information. Posting about the incident and asking for help in identifying the driver can sometimes yield valuable leads.

Work with the police: Communicate regularly with the police as they investigate your accident. Provide them with any new information or evidence that comes to light.

Using Uninsured Motorist Coverage to Cover Your Losses in Alberta

Alberta’s provincial government created the Motor Vehicle Accident Claims (MVAC) program to provide victims of uninsured or unknown drivers with compensation. It provides up to $200,000 if the driver cannot be found or fled.

Note that this is split among all victims hurt in a hit-and-run accident. In addition, several conditions must apply to an auto accident to file a claim through MVAC:

you have suffered physical injuries from the auto accident (property damage is ineligible);
you live in Alberta (if you live in another jurisdiction with a similar program, you may still be eligible);
the motor vehicle accident occurred in Alberta;
the accident was the fault of an unidentified or uninsured driver and;
only the uninsured or unknown driver is at-fault.

Uninsured and hit-and-run vehicle coverage are optional to buy in Alberta. If you have purchased the “family protection endorsement” also known as an SEF 44 endorsement, you can likely claim for compensation from your own insurance company.

Direct Compensation for Property Damage (DCPD), which you would normally receive from your own insurer for damage to your vehicle and its contents following a car accident, may not apply to hit-and-runs.

Section B “no-fault” accident benefits are typically available to Alberta drivers if they are hurt in an auto accident in the province. This includes victims of hit-and-runs, whether passengers or drivers. Coverage for medical expenses, replacement of lost wages if you cannot work, a housekeeping allowance, and death benefits are among the accident benefits you may be eligible for.

When to Hire a Lawyer for a Complex Hit-and-Run

Not every hit-and-run case requires legal representation, but in many situations, you could benefit from the knowledge and experience of an Alberta car accident lawyer:

Injuries or fatalities: If the accident resulted in injuries or worse, legal representation may help you navigate the complexities of your claim and ensure you receive adequate compensation for medical expenses, pain and suffering, and other damages.

Disputed liability: If there is a dispute over who is at-fault, a lawyer can help gather and present evidence that supports your claim. This could include (but is not limited to) reports and testimony from an accident reconstruction expert who has examined the accident scene.

Uncooperative insurance companies: Insurance companies may sometimes be reluctant to pay out claims. A lawyer can recognize unfair offers. We will negotiate with insurance providers and, if necessary, take legal action to secure the compensation fairly owed to you.

Complex investigations: Identifying the at-fault driver in a hit-and-run can be challenging. A lawyer can utilize their resources (like our full-time accident investigator) to conduct thorough investigations and work with law enforcement to build a strong case while you focus on your health.

Contact Us to Discuss Your Hit-and-Run Injury and Potential Claim

Our Alberta personal injury lawyers have successfully advocated for thousands of clients with auto accident claims, including many who were harmed in hit-and-run accidents. We can help explain the specific coverage available through your auto insurance and advise you of your legal options to proceed.

Please call our 24-hour toll-free number at 1-888-494-7191 if you or someone you know has suffered a hit-and-run to schedule a free initial consultation. We also welcome walk-ins at our downtown Calgary office.

We represent all our clients on a contingency-fee basis. You will never have to pay us for our services and advice unless we win.