Halifax Police Looking for Hit and Run Driver after Woman Hit in Crosswalk: Hit and Run Injury Claims in Nova Scotia
Halifax Regional Police are looking for a hit and run driver who struck a 22 year old pedestrian who was crossing North Park Street at a marked crosswalk. She was hit by a car turning left from Cogswell Street that left the scene of the accident.
CTV News reported that the pedestrian was taken to the hospital with “non-life threating injuries.”
Fortunately the pedestrian in this accident does not appear to have been seriously hurt. But even non-life threatening injuries can cause long term pain, inconvenience and income loss.
Claims against Hit and Run Drivers
What happens if the pedestrian in this accident is injured and wants to file a personal injury claim but police cannot find the driver that hit her?
Some people think that if you can’t find out who hit you, you can’t make a claim. Fortunately for injured pedestrians, that turns out not to be the case.
There are two possible ways that the pedestrian can file a claim and they depend on whether or not the pedestrian owns a car and has coverage under their own automobile insurance policy.
Unidentified Automobile Insurance Coverage in Nova Scotia
Under Section D of the standard form automobile insurance policy in Nova Scotia all insured parties are covered for a claim for “bodily injuries or death” caused by:
“Unidentified automobile means an automobile with respect to which the identity of either the owner or driver cannot be ascertained”
So if you are injured by a hit and run vehicle (either when you are driving or walking) and you are not able to get the name of the person that hit you, your own automobile policy will pay:
“all sums that:
(a) a person insured under this policy is legally entitled to recover from the owner or driver of an uninsured automobile or unidentified automobile as damages for bodily injuries resulting from an accident involving an automobile”
There are some notice requirements under the insurance policy. If you are injured by a hit and run driver your automobile policy requires that you:
1) Report the accident to the police within 24 hours after the accident (or as soon after as practical);
2) Notify your insurance company within 30 days of the accident (or as soon after as practical).
Your insurance company will then assign an adjuster who will investigate and deal with the claim as if they were acting on behalf of the hit and run driver.
Many people think since it is their own insurance company that they are negotiating with that the insurer will “take it easy on them” or be more generous when it comes to settling their claim. This is not the case.
You can expect your own insurance company will deal with you in the same way any other insurance company would. Always remember that insurance companies are in the business of collecting premiums to make profit for their shareholders. They make these profits by paying as little as possible out in personal injury claims.
What happens if the pedestrian in this case does not own a car and has no automobile insurance policy that they can claim under?
In these circumstances the Province of Nova Scotia has set up a fund known as Facility Association. Facility Association is an organization that is funded by insurers in Nova Scotia.
If you are injured by a hit and run driver and you have no other coverage available to you, then the Facility Association will respond to your claim as if they were the insurer of the hit and run driver. The toll free line for Facility Association is 1-800-268-9572. The regulations governing the uninsured Driver Fund administered by Facility Association can be found here.
Fair Compensation is the Goal
In both cases whether you make a claim under Section D of your own policy or under Facility Association the goal is to fairly compensate you for your injuries as if the hit and run driver was insured.
You are entitled to receive the same amount of compensation you would have received if the driver that hit you was insured. No more, no less.
Want More Information about car accident claims?
If you have been in a car crash in Nova Scotia and are looking for information about your legal rights and responsibilities you can learn more by reading my book : Crash Course: The Consumer’s Guide to Car Accident Claims in Nova Scotia.
The book is basically a “crash course” in everything you need to know about auto insurance and car accident claims in Nova Scotia. You can find the Guide on Amazon.com. All proceeds from book sales go to charity.
Free Copy to Blog Readers
But supporters who read this blog can contact me through this blog or call us toll free in Atlantic Canada 1-877-891-1664 and we will send you a copy at no charge.