Hit by an Uninsured Driver in Ontario? Here's What to Do

In Ontario, every auto insurance policy must include "Uninsured Automobile Coverage" by law. This means your own insurance company will step in when the at-fault driver is uninsured, underinsured, or cannot be identified (such as in hit-and-run accidents).

This coverage provides up to $200,000 for your injuries and income loss. If you purchased optional "Increased Uninsured Automobile Coverage" (UIAC), your limits may be higher—up to $1 million or more.

The key point: You don't need to identify or sue the uninsured driver. Your own insurance company handles your claim directly.

If the at-fault driver fled the scene and cannot be identified, your uninsured motorist coverage still applies. However, there are specific requirements you must meet. You must report the hit-and-run to police as soon as possible, ideally within 24 hours.

You should document everything you can about the incident—time, location, description of the other vehicle if available, and any witness information. Your insurance company may require you to provide a sworn statement about the accident.

Claims involving unidentified drivers are handled through a process called "arbitration" rather than through regular court proceedings. Having an experienced lawyer guide you through this process is crucial.

Regardless of who caused the accident, you're entitled to Statutory Accident Benefits (SABs) from your own insurance company. These include: Income Replacement Benefits (up to $400/week standard), Medical and Rehabilitation Benefits (up to $65,000 standard), Attendant Care Benefits if you need assistance, and Housekeeping and Home Maintenance expenses.

If you purchased optional coverage, these limits can be significantly higher. For example, optional medical/rehabilitation coverage can provide up to $1 million or even $2 million.

These benefits are available immediately after the accident—you don't need to wait for fault to be determined or for a lawsuit to settle.

Yes, you can sue an uninsured driver personally for damages beyond what your insurance covers. However, this is often impractical. If someone can't afford car insurance, they likely don't have assets to pay a judgment.

In most cases, pursuing the uninsured driver directly isn't worth the legal costs. The better approach is to maximize your recovery through your own insurance coverage and accident benefits.

However, there are exceptions. Some uninsured drivers do have assets—they may have chosen not to insure their vehicle rather than being unable to afford coverage. A personal injury lawyer can help determine whether pursuing the individual makes financial sense.

First, call the police and get an official accident report. This documentation is essential for your insurance claim. Get the uninsured driver's contact information and any details about their vehicle.

Seek medical attention immediately, even if your injuries seem minor. Notify your own insurance company promptly—they'll handle the claim under your uninsured motorist coverage.

Contact a personal injury lawyer before accepting any settlement offer. Insurance companies often try to minimize payouts, and having legal representation ensures you receive fair compensation for your injuries, lost wages, and pain and suffering.