A Toronto man is accused of driving under the influence when he allegedly struck and killed a pedestrian in late August 2021 and then drove off with the victim still lying in the road, according to Global News Canada.
The crash happened on a Thursday around 3:30 a.m. at the intersection of Toronto's York and Harbour streets. According to reports, the victim was in the intersection when he was struck by a black Jeep going east on Harbour Street.
Toronto Police soon found the vehicle allegedly used in the hit-and-run. It had been abandoned on Richardson Street with heavy front-end damage, according to local media. A 46-year-old Toronto man was identified as a suspect and subsequently arrested. He is facing charges of impaired operation causing death and failure to stop at an accident causing death.
As experienced Toronto car accident lawyers, we're familiar with how negligent drivers try to escape responsibility for the injuries and damage they cause. For the victim of a hit-and-run, the path to recovery is particularly frustrating and complicated. This is not a straightforward process, and many people don't know how or where to begin.
Compensation for hit-and-run victims
People injured in failure-to-stay accidents have multiple resources they may be able to tap into to cover the cost of car repairs, pay medical bills, and cover future accident-related issues, among other things. These resources include mandatory as well as optional insurance policies and a public fund of last resort.
Here are the types of resources you may be eligible for after a hit-and-run:
Your car insurance — To legally drive in Ontario, a motorist must purchase at least $200,000 in car insurance. Due to the high cost of accident recovery, it is often recommended that you have a $2 million policy. The four types of basic, mandatory coverage are third-party liability, accident benefits, uninsured automobile coverage, and direct compensation (property damage).
Required uninsured automobile coverage pays for damages to your vehicle caused by uninsured drivers or if your property was damaged in a hit-and-run. You may also need to file for accident benefits through your policy provider. This type of insurance pays for treatment of injuries and income replacement regardless of who is at fault in a crash.
At-fault driver's car insurance — It's hard to estimate, but some research indicates that only about 10 percent of all hit-and-run drivers are eventually caught. They are often exposed by witnesses and security cameras. If you know who hit you, you can file a claim with the reckless driver's insurance provider.
If you purchased these policies prior to being the victim of a failure-to-stay accident, you may be able to use them to recover from the wreck:
Income replacement — Standard auto insurance will pay up to about $400 per week in benefits. If you have enhanced or increased IRB you may be able to get up to $1,000 a week if you cannot work due to an accident.
Medical rehabilitation and attendant care — The standard maximum payout is $65,000 but can be increased to $1 million if your injuries are not catastrophic. If your injuries are "catastrophic" and you purchased this type of extra coverage, your compensation may reach up to $3 million.
Caregiver benefits — If you are an unemployed caregiver to your children, parents, or another dependent and you can no longer provide this care due to a catastrophic accident, you may be eligible for up to $250 per week for the first person and another $50 per week for an additional dependent for whom you aid.
Housekeeping and home maintenance expenses — If you cannot keep up with your household duties due to catastrophic accident-related injuries you may qualify for up to $100 per week.
Death and funeral benefits — If a loved one died as the result of a car accident, and you purchased additional death and funeral insurance, you may be able to claim up to $50,000 for a spouse, $20,000 per dependent, and $8,000 for funeral expenses.
Dependent care — This type of insurance is not part of a standard auto package. If you buy this kind of coverage, and you were employed at the time of the crash, you may be eligible for up to $75 per week for the first dependent and $25 for each additional dependent. You can only get this money if you have to pay for additional childcare as a result of the crash.
Indexation — Also not provided in a standard package, this option provides for an annual adjustment for inflation for income replacement, medical rehab, and other benefits.
Family protection — Protects you or an eligible family member at the same limits as your third-party liability coverage. This coverage applies if you are in an accident with an at-fault driver who doesn't carry enough insurance to meet your post-accident needs, has no insurance, or is an unidentified (hit-and-run) driver.
Car accident claims fund
Ontario's Motor Vehicle Accident Claims Fund may be accessed in instances of serious hit-and-run crashes.
If you are the victim of a car accident, do not have your own insurance, cannot identify the at-fault driver that injured you or damaged your property, and have exhausted all other attempts to gain compensation, you may be able to apply. The fund pays for things like medical bills, death and funeral expenses for a loved one, and compensation for injuries or damaged property.
To qualify for this benefit, you must: live in Ontario, have been involved in a collision that happened in Ontario, and suffered injuries or property damage worth more than $100.
Applicants are often pedestrians or bicyclists who were struck by an uninsured motorist or "phantom" driver.
Fighting for Ontario crash victims
If you were injured by a driver who failed to stay at the scene of your crash, you deserve justice and compensation. Smitiuch Injury Law has a long track record of filing successful hit-and-run claims with or without the at-fault driver being identified. Our law firm offers free case consultations at our offices in Toronto, Brantford, and Simcoe. A member of our knowledgeable legal team will listen to the details of your injury and its effects on your daily life. At no cost to you, a lawyer from our team can help you understand how the law applies to your situation, the true value of your claim, and your legal options going forward.
Take control and contact us today to schedule a free case review.