Is A Remedy Available If At-Fault Driver Flees From Scene of The Accident?

Legislators in Alberta, Canada know that not every involved driver remains at the scene of the accident. Still, those that were injured deserve a fair compensation. For that reason, Alberta’s legislators created Alberta’s Motor Vehicle Accident Claims Fund (MVAC).

Of course, the mere existence of such a Fund does not guarantee the ability of any victim of a hit-and-un accident to access those same funds. That fact underscores the extent to which a reader of this article stands to benefit, in the event that he or she ever becomes the victim of a hit-and-run incident.

What a victim must do, in order to access some of the money in that Fund

• Produce proof of the fact that he or she was injured in an accident.
• Be a resident of Alberta
• Show that the accident took place in Alberta
• Show that the other driver bears the sole responsibility for the injury.
• Show that he or she tried to identify and locate the other driver.
• Show that he or she notified MVAC within 90 days of the accident.
• Show that he or she has gone to the appropriate courthouse, in order to file and serve a lawsuit against the defendant.

By hiring a personal injury lawyer in Sherwood Park, the victim of a hit-and-run should find it easier to obtain the type of evidence that can aid an effort to satisfy the different requirements. By the same token, an attorney should be able to explain why an injured victim was not able to complete certain actions, such as notifying MRAC within 90 days of the accident.

How large a compensation can the victim of a hit-and-run accident hope to receive?

The provincial government has capped that amount at $200,000. That cap applies to the amount of money provided by the government fund. The government has not limited the amount of money granted to someone that has purchased private insurance. Of course, the purchased policy could contain details on the coverage provided to the policy holder.

For that reason, the holder of an insurance policy that included a Family Protection Endorsement could expect to receive more than $200,000, assuming that the same policy holder had suffered some serious injuries. The required Endorsement can be purchased by any family that contacts a private insurance company.

Do the same rules apply to a pedestrian or a bicyclist that was hit by a motor vehicle?

Wouldn’t such a victim have serious injuries? Could that same injured victim satisfy all the requirements listed for accessing the Claims Fund within a 2-year period? How could that pedestrian seek the identity and the location of the responsible driver? Both the bicyclist and the pedestrian would need to hire a good personal injury attorney.