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If you were trying to cross a road and were hit by a vehicle, you must be injured. It can have an adverse effect if you were not crossing at the crosswalk. It can be an even worse situation, if you have no insurance. However, you don’t have to worry because when you contact a personal injury lawyer, they might have worked on similar cases before, so your case isn’t an isolated one.
In Ontario, pedestrians are not aware of the fact that they are eligible for compensation under Ontario accident benefits under tort claims, if they are injured. It is a fact that most people are unaware of and that is why consulting an experienced lawyer helps. The factors that are considered are:
- If the victim has insurance
- If the driver (defendant) has insurance
- Extent of the injuries
However, as each case has different requirements, the lawyer will evaluate the requirements and then suggest the best way out. You may decide to file a personal injury claim under the tory claims or file a lawsuit. If you file a tort claim, it is filed against the driver of the vehicle that hit you so the insurance company covering the driver will be liable to pay you compensation. Most people don’t want to bring in a personal lawsuit against another individual but the individual, in this case, the driver is not liable to pay you out of his/her wn pocket, but the insurance company will disburse the payments.
However, if you are at fault and don’t have any insurance covering your back, as per law, you are still entitled to accident benefits under the Motor Vehicle Accident Claims program funds. The claim can be filed under it. This fund under the Ontario law has been specifically categorized for those that require compensation to recover from injuries but have no insurance cover nor have an insurance company to sue. This holds true in hit and run cases.
However, MVACF is the ‘payer of last resort’ and only offers income replacement rehabilitation and care benefits to those that have no insurance policies. It is important to note that though the victim’s rights are protected, the guilty driver will be accountable for the accident. Additionally, MVACF does take legal action against the erring driver to recover the cost of judgments that it paid out from the uninsured drivers.
When you work with an injury lawyer in Ottawa, Kingston or even in Toronto, it helps to work with a legal firm that is experienced and compassionate in trying to help you get compensation in such diverse situations. It is difficult to know your rights when it is about personal injury compensations and wrangling compensation from an insurance claim.
Most of the personal injury lawyers in Ottawa know about the rights of pedestrians and will be willing to go that extra mile to help you cover your medical bills and recover without stress.