VIA Legal
Denied benefits About Naira Guides FAQ
For pedestrians

You were hit by a vehicle. The law still protects you.

Accident Benefits may still be available, even if the driver was uninsured or fled the scene. Notify the insurer within 7 days of the accident, or as soon as possible if you cannot.

The question most pedestrians ask
What if the driver was uninsured or left the scene?
You may still be covered
✓Coverage may come through your own auto policy or another policy covering you
✓Ontario has a fund for some uninsured and hit-and-run cases
✓You do not need to own a car to make a claim
Every case is different. Tell us what happened, and we will help you understand your options.
As a pedestrian

What your claim can cover

Medical, rehabilitation and attendant care are in every policy. For everything else, it depends on when your policy was bought, not when your accident happened.

When was your policy bought?
Your policy keeps the same Accident Benefits coverage.
Medical and rehabilitation benefitsCovered
Attendant careCovered
Income replacement or non-earner benefitsCovered
Visitor expenses and damaged personal itemsCovered
These benefits remain available under your policy, subject to eligibility.

Policies bought before July 1, 2026 keep their coverage when renewed, unless you agree to changes in writing.

Situations we see with pedestrians

You can claim even without a car of your own

You get around without a car

Many pedestrians have no car of their own: students, seniors, newcomers. You can still claim if you are covered under another auto policy as a spouse, dependant, or listed driver. If no such coverage applies, you generally claim through the insurer of the vehicle involved.

You have your own auto insurance policy

Your own auto insurer pays, even though you were on foot.

The driver had no insurance or drove away

If no policy applies, the Motor Vehicle Accident Claims Fund is the provincial fund of last resort. It can pay medical, rehabilitation and attendant care benefits to eligible Ontario residents. For accidents occurring on or after July 1, 2026, the Fund does not provide income replacement benefits. Contact: 1-800-268-7188.

What changed in 2026

Since July 1, 2026, optional benefits under the policy of the vehicle that hit you no longer automatically cover pedestrians. Medical, rehabilitation and attendant care benefits remain available.

Things to keep in mind

What every pedestrian should know about Accident Benefits.

01
Fault isn't required to access Accident Benefits
02
Coverage may exist even if the driver can't be identified
03
Strict timelines apply: delays can limit benefits
04
Injuries can be physical and psychological
05
Poor documentation can weaken a claim
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How VIA Legal helps pedestrians

Identifies available sources of coverage
Including options most people don't know exist.
Guides applications and disputes
From the first form to a denied claim.
Handles insurer communication
On your behalf, from day one.
Protects you in a vulnerable moment
So you're not navigating this alone.
Questions pedestrians ask

What happens if a car hits a pedestrian in Ontario?

The pedestrian can claim Accident Benefits for medical, rehabilitation and attendant care, regardless of fault. The claim goes to their own auto insurer, another policy covering them, or the insurer of the vehicle involved. The driver must remain at the scene and report a collision to the police.

How quickly do I need to call?

Within 7 days of the accident, or as soon as you reasonably can if your injuries make that hard.

Who do I call if I have no insurance at all?

The insurer of the vehicle that hit you. If the vehicle was uninsured or cannot be identified, and no other auto insurance applies, contact the Motor Vehicle Accident Claims Fund.

Hit while walking?

Free review, even without car insurance of your own.

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