Compensation is available through insurance when a pedestrian is struck by a driver.
After an accident, the injured party may seek compensation for different kinds of damages. These damages include:
- Pain and suffering
- Past lost wages from time off work and future loss of capacity to earn a living
- Reduced ability to complete household chores
- Coverage for future medical care related to their injuries
- Out of pocket expenses
In a typical motor vehicle accident, the parties involved will be drivers or passengers in a vehicle and are covered by their own automobile insurance polices. However, when the collision involves a pedestrian, this is not the case, and as a result, the insurance coverage may be different.
Coverage in Atlantic Canada
Where a pedestrian is covered by an insurance policy, either through their own coverage or as a dependent on a policy, their recourse for seeking damages will depend on the driver’s insurance coverage. If the driver is insured, the pedestrian’s damages and no-fault benefits will be covered by the driver’s insurance policy. If the driver is uninsured or unidentified (as in a hit-and-run, for example), the pedestrian’s own policy of insurance will compensate their damages through Section D and no-fault benefits through Section B.
Where a pedestrian is not covered by an insurance policy, their recourse for seeking damages will depend on the driver’s insurance coverage as well. If the driver is insured, the pedestrian’s damages will be covered by the driver’s insurance policy. If the driver is not insured or cannot be identified, the Facility Association will step in to provide coverage.
Regardless of the insurance coverage of the driver, where a pedestrian is not covered by an insurance policy, Section B type benefits can be negotiated on a lump sum basis with the Facility Association.
Coverage in Ontario
If a pedestrian is injured in an accident in Ontario, there are options for insurance coverage.
Coverage for Damages
If the at-fault driver who hit the pedestrian has insurance, then the driver’s policy would be responsible for coverage of the damages.
If the at-fault driver is uninsured, and the pedestrian is covered under an insurance policy as a named insured or dependent, then the pedestrian’s own insurance would provide coverage for damages under Section 5 of their policy.
If the at-fault driver is uninsured or unidentified (as in a hit-and-run, for example) and the pedestrian does not have insurance coverage, the pedestrian still has the potential for compensation through the Motor Vehicle Accident Claims Fund (“MVACF”). To recover compensation under the MVACF, the pedestrian must first begin a lawsuit against the at-fault party. Only once a judgment is obtained will MVACF determine whether the pedestrian can recover damages, up to the minimum liability limit of $200,000.
Coverage for no-fault benefits
If the driver who hits a pedestrian has insurance, then no fault benefits under the SABS would be available to the pedestrian under the driver’s insurance policy.
If the driver is uninsured or unidentified (as in a hit-and-run, for example), but the pedestrian is covered by a motor vehicle insurance policy, either as a named insured or dependent, they will have access to no-fault benefits under the SABS under their own policy.
If, however, the pedestrian is not covered by motor vehicle insurance, and the driver is also uninsured or unidentified, the injured pedestrian can apply to MVACF for no-fault benefits, so long as they are a resident of Ontario and the accident occurred in Ontario.
Sample Standard Automobile Policies
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