I was walking in a crosswalk on a busy Hamilton Street when I was hit by a car. I do not own a car and I do not have automobile insurance. Am I entitled to compensation?
An injured pedestrian is entitled to the same compensation as if injured while in a car. Even though you were a pedestrian, you can still claim Statutory Accident Benefits from your own insurance company and you can also sue the at fault driver for compensation. If you don’t have auto insurance, you can claim accident benefits from the automobile insurance company of the at fault driver. If the at fault driver is uninsured, you can make a claim to the Motor Vehicle Accident Claims fund which is administered by the provincial government.
You can also sue the at fault driver for damages. Your lawsuit can include a claim for damages for pain and suffering, past and future loss of income, loss of household and handyperson capacity and future cost of care. Your close family members can also bring claims through the Family Law Act for a loss of care, guidance and companionship.
In Ontario, a motorist owes a duty of care to pedestrians and it is presumed that the driver is negligent. This means that the driver and owner of the car must prove that they were not negligent. Despite this, many Court cases result in a finding that the pedestrian was to a degree, at fault. Retaining a personal injury lawyer with experience in pedestrian accidents gives you the best chance of success.