Getting into a car accident on Alberta’s roads is enough to leave you reeling and in pain. Watching the other party drive away just compounds the suffering that much more. In the City of Edmonton alone, the police service receives reports of around 30 hit-and-run accidents each day, meaning this is an all-too-common experience for Alberta drivers.
While Section B accident benefits provide Albertans with up to $50,000 of medical care and lost wages regardless of fault for a car accident, this is unlikely to fully cover your losses. The good news is that even in hit-and-run situations, the Government of Alberta has a program that can help you recover compensation.
However, after your accident, you have limited time to take advantage of this program. Schedule a free consultation with a Grover Law Firm personal injury attorney as soon as possible to receive tailored legal guidance and claim the compensation you need to get your life back on track.
Breaking Down Alberta Hit-and-Run Accidents
In Alberta, there are two key elements to consider in hit-and-run accidents. Leaving the scene of an accident can be a criminal offence, and it can also be a civil matter.
Criminal offence
Leaving the scene of an accident without providing your personal details or offering assistance to injured parties is a criminal offence under Sec. 252 (1) of the Criminal Code of Canada. A hit-and-run driver runs the risk of a prison sentence of up to life if the accident is fatal.
Section 69 of the Alberta Traffic Safety Act has similar requirements and additional rules if a driver hits an unattended vehicle.
However, following up on these matters would be the responsibility of the police service and is not a means of claiming compensation.
Civil matter
The Government of Alberta’s Motor Vehicle Accident Claims (MVAC) program is a potential route to compensation when you have been injured by a hit-and-run driver. It has been in place since 1947 as part of the Motor Vehicle Accident Claims Act. It provides a way for car accident victims who were injured by an uninsured or unknown driver to pursue legal action.
How the MVAC Program Assists Hit-and-Run Accident Victims
The MVAC program provides legal recourse to people, but you are not automatically eligible when you get in a car accident with uninsured or unidentified drivers. You must meet strict eligibility criteria to be able to make a claim.
Who is eligible under the MVAC program?
To be eligible to claim compensation, you must be able to prove the following:
- You suffered a personal injury in the accident (the MVAC does not cover property damage)
- You are an Alberta resident (exceptions may apply to residents of other jurisdictions with similar programs)
- The accident occurred in Alberta
- The uninsured or unknown driver caused the accident
- The hit-and-run driver was the sole party at fault
These strict criteria demonstrate why filing a claim under the MVAC program is considered to be a last resort. If you are able to claim any compensation, even a partial payment, through an insurance policy, you cannot make a claim under the MVAC program.
Time limits
If you are eligible under the terms of the MVAC program, you need to act quickly. One key requirement is that you must file a notice of claim with the MVAC administrator within 90 days of the accident involving a hit-and-run driver.
There is a possibility that the administrator could waive the 90-day reporting requirement, or an Alberta court could push the deadline back. However, you still have only 2 years to file hit-and-run cases, so it is vital to seek legal guidance as soon as possible.
Total liability claims only
Motor vehicle accidents are often complicated, especially if multiple parties are involved. If another insured driver was involved in your accident and is partially liable, you would not be entitled to claim compensation under the MVAC program.
Instead, you would need to claim against the insured driver’s insurance policy. You may only be entitled to partial compensation, but unfortunately, this closes the door on MVAC program lawsuits.
Endeavour to find the at-fault driver
To qualify for compensation from the MVAC program, you must first make every effort to discover the identity of the hit-and-run driver. This is difficult, but with the help of an experienced personal injury lawyer, you may be able to track him or her down.
Some possible ways of obtaining the evidence you need include:
- Surveillance footage: In hit-and-run cases, the driver may rush off before you have had time to gather your thoughts and record the licence plate. However, surveillance footage could help you identify the vehicle and the license plate. This footage could come from security cameras mounted on businesses, homes, and at traffic lights. Alternatively, passersby may give you access to dashcam footage that reveals the at-fault driver’s identity.
- Social media platforms: You could put out an appeal on various platforms for information about the unidentified driver. However, as your personal injury lawyer will advise you, take care when using social media to discuss your accident. Anything you say could be used against you later. Discuss what you are going to post with your lawyer before hitting send.
- The police: The police investigate hit-and-run accidents, as it is a criminal offence to leave the scene of an accident without fulfilling the requirements we discussed above. Therefore, your attorney can keep in close contact with them to check whether any new information has come to light.
However, if you can prove that you cannot identify the hit-and-run driver despite your best efforts, you may be able to proceed with your MVAC program compensation claim.
Maximum compensation under the MVAC program
In Alberta, the maximum amount that accident victims can claim in a single hit-and-run accident is $200,000. It is important to understand that that is per accident, not per injured party. If multiple people were injured, the compensation would be prorated among them. For example, if 4 people were injured, the maximum each could claim would be $50,000.
So, while the MVAC program is much better than having no legal recourse to compensation, it may not cover all of your losses in a hit-and-run accident. However, there are other avenues to reparation you can pursue.
Medical costs under the MVAC program
After a hit-and-run accident, your immediate medical expenses may be covered by the Section B benefits of your own insurance policy. Section B pays out regardless of who was at fault.
However, if you have sustained serious injuries, you will likely deplete these benefits quickly. In that case, you may be able to apply for MVAC benefits to cover the cost of your ongoing medical bills.
SEF 44 Family Protection Endorsement
In Alberta, motorists can buy additional car insurance coverage to protect themselves in the event of a hit-and-run accident. This is referred to as SEF 44, which may help offset the losses not covered by the MVAC program. However, your compensation will be limited to the maximum amount under your third-party liability coverage.
Pedestrians not covered
However, what if you get injured in a pedestrian accident by a hit-and-run driver? Sadly, even if you have purchased the SEF 44 endorsement for your motor vehicle insurance, you are unlikely to be covered.
In the case of Ostrowercha v Co-Operators General Insurance Company, a pedestrian who was injured in a hit-and-run accident was denied compensation under an SEF 44 policy because the judge ruled that it only applied if the insured driver was travelling in a vehicle.
Seek legal guidance
Whatever the circumstances of your accident, do not be quick to conclude that you do not have coverage and cannot make a claim. Talk your case through with an experienced Grover Law Firm personal injury lawyer. Our attorney will take the time to really listen to your story and provide advice tailored to Alberta law and the circumstances of your case.
Legal Recourse for Hit-and-Run Accidents at Work
If your hit-and-run accident occurred during the course of your work, you may have more legal options. If you work in an industry with Workers’ Compensation Board (WCB) coverage, you may be entitled to compensation from the WCB.
However, compensation from the WCB is only intended to replace what you have lost. Any payments from the WCB may be deducted from SEF 44 and MVAC compensation. Experienced injury lawyers who have handled similar cases in Alberta before are well-placed to advise you on the strongest route to compensation.
Protect Your Legal Rights After a Hit-and-Run Accident
While a hit-and-run accident may leave you in pain and extremely angry, there are several steps you can take to give yourself the best chance of receiving justice in the form of fair compensation.
These include:
- Gather information at the accident scene: If you are physically able, this is a great opportunity to write down everything you can remember about the vehicle that hit you and about the driver. Note the vehicle make, model, and colour, and any parts of the license plate you can recall. Take photos of the scene and of your injuries.
- Look for eyewitnesses: Passengers in other vehicles, people on the street, and other drivers with dashcam footage are all potential witnesses. Write down their names and contact information.
- Call the police: Report the accident to the police, providing as much information as you can. The police report can become a crucial piece of evidence, as it is unbiased and records only the facts of the case.
- Talk to your insurance company: As soon as possible, tell your insurance company about your accident. However, be cautious as you cannot assume they are on your side. If you take the next step, your personal injury lawyer can handle all future discussions with your insurance company.
- Seek advice from a qualified lawyer: It may be tempting to search online about your legal rights. However, a qualified and experienced personal injury lawyer can provide the specific legal advice you need in your situation. This is crucial in all hit-and-run accidents, but especially those involving serious injuries or when liability is unclear.
If you do decide to hire an Alberta personal injury lawyer to represent you, make sure you choose one that will leave no stone unturned in the pursuit of fair compensation for your injuries.
Choose Experience With Grover Law Firm
When your personal injury claim has the added complication of involving a hit-and-run driver, you need to ensure you have the right law firm representing you. You need a firm that takes a personalized approach to each client and case while using their years of experience to win big for Alberta car accident victims.
For more than 20 years, Grover Law Firm has helped Alberta accident victims rebuild their lives by fighting for the very best outcomes on their behalf. In one notable hit-and-run accident case, we secured the maximum settlement for our client under the MVAC program of $200,000, plus costs and disbursements. Are you ready to discover what we could do for your case?
Call us today at [phone number] to schedule a free consultation with an experienced personal injury lawyer. Alternatively, contact us online, and we will call you back to schedule a consultation very soon.