Hit-and-Run Accident in Ontario: Can I Sue Without Insurance?

You may still recover compensation even if you were a pedestrian or bicyclist struck by an unidentified hit and run driver and do not have your own policy of insurance.

You may be entitled to commence a claim for accident benefits as well as a tort lawsuit against the Motor Vehicle Accident Claims Fund.

If you have your own policy of insurance or can access the auto policy of a spouse, person upon whom you are dependent, or employer, then you may advance a claim for accident benefits against the relevant insurer. You may also start a lawsuit against your own insurance company, the insurer of your spouse’s vehicle, or the insurer of a person upon whom you are dependent, pursuant to the uninsured and underinsured provisions of that auto policy. For more information about commencing a claim for accident benefits and tort lawsuit where you can access an auto policy, read Hillier & Hillier’s article: “Can I Sue if the Other Driver was Uninsured in Ontario?”

This article will focus on individuals who are struck by unidentified drivers and do not have a policy of auto insurance available to respond to their claim and as such, must proceed against the Motor Vehicle Accident Claims Fund.

What is the Motor Vehicle Accident Claims Fund?

The Motor Vehicle Accident Claims Fund (“the Fund”) is government funded and responds to claims for accident benefits and tort lawsuits for bodily injury where there is no other auto policy of insurance available to an injured person. It steps in as the “payor of last resort” and an injured individual must establish that there is no other insurance available before the Fund will agree to pay accident benefits or respond to a lawsuit. 

What Compensation Can I Get from the Fund?

The Fund was established by the Motor Vehicle Accident Claims Act, R.S.O. 1990, Chapter M.41. For accidents that occurred prior to July 1, 2026, it provides accident benefits coverage similar to any other auto insurance policy such as:

• Medical, rehabilitation, and attendant care expenses up to $3,500 for minor injuries, $65,000 for non-minor injuries, and $1,000,000 for catastrophic injuries.

• Income replacement benefits up to $400 per week or a Non-Earner Benefit of $185 per week for the first two years after the accident

• Caregiver and housekeeping benefit if you sustained a catastrophic injury

• Death and Funeral Benefits

If your accident occurred after July 1, 2026, then the Fund will only provide coverage for:

• Medical, rehabilitation, and attendant care expenses up to $3,500 for minor injuries, $65,000 for non-minor injuries, and $1,000,000 for catastrophic injuries.

Section 12 of the Motor Vehicle Accident Claims Act permits an individual to commence an action against the Fund when injured in an accident caused by an unidentified motorist and provided there is no insurance available to the injured person. Section 23(1) of the Motor Vehicle Accident Claims Act states that the Fund may pay up to a maximum of $200,000 for all claims arising from the same accident for damages and interest but exclusive of costs and disbursements. If there are multiple injured parties, the $200,000 may be shared amongst them in proportion to the value of their respective claims. 

What to do immediately after a hit-and-run accident?

If you have been struck by an unidentified driver, then you should report the accident to the police as soon as possible.  

If you are able, you should also identify and obtain contact information of any witnesses who observed the accident. If possible, you should also check for street cameras and make a request for CCTV footage that might have captured the accident. You should then seek medical attention for your injuries as soon as possible.

Your injuries may prevent you from taking the above steps, in which case you should consult with a lawyer as soon as possible. A lawyer may be able to investigate and obtain the above information.

What deadlines apply to claims against the Motor Vehicle Accident Claims Fund?

The following deadlines apply to claims against the Fund:

• Notify the Fund of the accident within 7 days or as soon as practicable for the purpose of commencing an accident benefits claim.

• Commence a claim for Accident Benefits by submitting an OCF-1 to the Fund within 30 days of receiving the application package.

• You have two years from the date you discovered the material facts giving rise to your claim to commence a lawsuit against the Fund. This is typically two years from the date of the accident.

While there may not be deadlines for placing the Fund on notice of a potential claim for damages, it is nevertheless prudent to do so and as soon as possible.

What if the other driver is identified but uninsured?

If the other driver has been identified but there is still no insurance available to respond to the injured party, they must still proceed against the Fund. The process is the same and the above deadlines apply. The identified uninsured driver must also be named in the Statement of Claim. 

What do I have to prove?

You must prove that there is no other insurance policy available to respond to your claim. For claims involving unidentified drivers, you must also prove that you have made all reasonable efforts to identify the driver but are nevertheless unable to ascertain the driver’s identity as per section 17 of the Motor Vehicle Accident Claims Act.

You must prove all essential elements of a lawsuit against the Fund as you would any other lawsuit.

Specifically, you must prove the unidentified vehicle’s negligence caused your injuries and resulting damages. This typically requires extensive investigation and obtaining evidence related to the circumstances of the accident itself as well as medical evidence proving your injuries and the impact of these on your functioning.

You may claim damages for pain and suffering, loss of past and future income, cost of medical, rehabilitation, and attendant care, as well as for the cost of housekeeping and home maintenance assistance and other accident-related out of pocket expenses.

All the same rules apply to lawsuits against the Fund such as:

• You must establish you sustained a serious and permanent impairment to claim damages for pain and suffering.

• The statutory deductible of $47,913.01 applies to reduce awards for pain and suffering that fall below $159,708.71. These figures are current as of 2026 but increase each year for inflation. 

• The Fund may still raise defences such as contributory negligence to reduce the injured party’s award for damages if they did something unreasonable that contributed to the accident and their injuries.

• Only 70% of an injured party’s loss of income up to the date of trial may be recovered. Post-trial income losses are 100% recoverable.

For more information on how the value of a motor vehicle accident claim is assessed, click here.

Again, it must be remembered that the Fund will only pay up to $200,000 of your claim, even if its value significantly exceeds this amount. 

Why Hillier & Hillier?

The lawyers at Hillier & Hillier have extensive experience pursuing claims against uninsured, unidentified, or underinsured vehicles. You are not required to pay any portion of our legal fee up front, but only upon the successful recovery of compensation by way of a settlement or after a trial.

Call 905 453 8636 for a FREE CONSULTATION or click here to submit an online request for a free consultation.