Hit and Run Accidents

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Unfortunately, situations do occur where a pedestrian is struck or a collision occurs and the driver of the at-fault vehicle leaves the scene. To prevent victims of hit and runs from being denied compensation for their injuries, s. 24(1) of the Insurance (Motor Vehicle) Act allows the victim of a hit and run to collect damages from ICBC in cases where the name of the driver of the vehicle causing the injuries is unknown and cannot be determined with reasonable effort.

There are important steps you need to take to receive the benefit of this protection. You must report the hit and run immediately to the police (within 48 hours of the accident) and ICBC. You should get the police file number assigned to your report and you must also provide written notification of a hit and run claim to ICBC within six months of the accident.

You must also be able to show that you have made all reasonable efforts to try to learn the identity of the driver and the owner of the vehicle. “Reasonable efforts” will depend on the circumstances and your injuries. At a minimum, we recommend that you:

• get medical attention ASAP to have your injuries officially documented (call an ambulance if necessary);
• report the accident to the police if they did not attend at the scene and notify ICBC as soon as possible;
• do everything reasonably possible to obtain the license number;
• write down everything you remember about the vehicle that hit you (make, model, colour, scratches or dents, chrome wheels, roof racks, decals etc);
• if you saw the driver, try to describe him or her;
• locate witnesses and get their contact information (don’t forget post-accident witnesses – even if the witness didn’t see the vehicle hit you they may have noticed it before or after it hit you);
• ask all your witnesses to write down what they saw;
• post signs at the accident scene asking for any witnesses to the accident to contact you (describe as much of the car and driver as you can and take pictures of your posted signs);
• if there is a local paper take out an ad looking for witnesses;
• ask local residents and business owners if they saw or heard anything.

Because of the strict requirements you must meet to obtain benefits and pursue a claim for personal injury damages, if you or a loved one was injured by a hit and run driver, we strongly recommend that you get legal advice as soon as possible.