What are my rights if I am hit by an unidentified vehicle in a hit-and-run?

What the Law Says

Canada’s no-fault auto insurance system guarantees certain benefits to injured people—even when the responsible driver is unknown—provided specific conditions are met and deadlines followed.

All Canadian provinces require auto insurers to provide statutory accident benefits to eligible individuals injured in motor vehicle accidents, including those involving unidentified vehicles (often called 'hit-and-run' or 'phantom vehicle' incidents). These benefits are paid regardless of who was at fault.

To qualify, you must generally show that the injury resulted from the use or operation of an automobile—and that the vehicle was either unidentified or untraced despite reasonable efforts. You must also meet your province’s notice and proof requirements.

Most provinces set strict deadlines: for example, Ontario requires written notice to your insurer within 7 days (or as soon as practicable), and proof of loss (e.g., police report, witness statements) within 30 days. Benefits typically include medical/rehabilitation coverage, income replacement, and attendant care—up to statutory maximums.

What Courts Have Said

The Supreme Court of Canada confirmed that passengers injured by unidentified vehicles are entitled to accident benefits under no-fault schemes — reinforcing access to compensation even without identifying the at-fault driver.

What to Do

Sources