When another driver flees the scene of an accident, it leaves you with a profound sense of injustice and a dozen questions. Who pays for the damage? How will I get compensated for my injuries? The good news is, even when the other driver is unknown, you are not without options.
Your own insurance policy contains two hidden safety nets. The first kicks in immediately: Section B benefits that replace 80% of your income up to $600 weekly, cover medical treatments beyond what health care provides, and require no deductible. The second is the Motor Vehicle Accident Claims fund—a government-backed program that steps in when the at-fault driver vanishes, providing up to $200,000 in compensation for your injuries.
But here’s where it gets interesting. If you have SEF 44 coverage (and you should), your protection can exceed what many at-fault drivers actually carry. While Alberta’s minimum liability is just $200,000, your SEF 44 endorsement can provide millions in additional coverage. The result: being hit by an uninsured fleeing driver might actually leave you better compensated than being hit by someone who stays and has minimal insurance.
The catch is that the system only works if you know how to navigate it correctly. Miss a 90-day deadline with the MVAC fund, and your claim likely dies permanently. Accept an early settlement without understanding your SEF 44 rights, and you could forfeit hundreds of thousands in compensation.
If you’ve been injured in a hit-and-run, this isn’t a problem you need to figure out. Your focus should be on your recovery. Our Alberta personal injury lawyers at MNH Injury Lawyers are here to help. Call us today at (888) 664-5298 for a free consultation on your path forward.
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You’re Home and Unsure What to Do Next. Start Here.
Now that you are away from the immediate chaos of the scene, you may be feeling lost, sorting through a mix of anger and anxiety. Here are the immediate, actionable steps you should take to protect your rights and begin the process of recovery.
- Report the Accident to the Police. If you have not already done so, your first step is to file a police report. This creates an official record of the hit-and-run, which is fundamental for any subsequent insurance or legal claim.
- Write Down Every Detail. Memory fades quickly, especially after a traumatic event. Take a moment to document everything you can recall. Note the time and location of the collision. Describe the other vehicle—its colour, make, model, and any portion of the licence plate you might have seen. Write down a description of the driver if you saw them. No detail is too small.
- Look for Witnesses. Think about who might have seen something. Were there other drivers who stopped? Pedestrians on the sidewalk? Do you remember any nearby businesses that might have security cameras? If you can safely return to the area to look for cameras or recall any witness information, it could be invaluable.
- Notify Your Own Insurance Company. You must inform your insurer about the accident promptly. This is not about admitting fault; it is about activating the protections within your own policy.
What Does a “Hit and Run” Mean Under Alberta Law?
Under Alberta’s Traffic Safety Act, it is legally known as a failure to remain at the scene of an accident. The law is unambiguous: any driver involved in a collision has a duty to stop, provide their name, address, and insurance information, and offer reasonable assistance to anyone who is injured.
Fleeing the scene is a serious offence with significant penalties. In simple terms, the driver who hit you broke the law by leaving.
This legal framework is important for you. It establishes that the fleeing driver was in the wrong, which sets the stage for how your claim for compensation is handled when that at-fault driver cannot be found.
The Two Pillars of Your Protection: How Your Own Insurance Responds
Pillar 1: Section B “No-Fault” Accident Benefits
As we mentioned earlier, think of Section B Benefits as the immediate first aid for your financial well-being after an accident. Every standard auto insurance policy in Alberta includes these mandatory benefits. They are available to you regardless of who was at fault, which makes them perfectly suited for a hit-and-run.
While the National Health Service covers many medical costs, Section B addresses other immediate needs that arise from your injuries:
- Disability Payments: If your injuries prevent you from working, Section B provides income replacement. It covers 80% of your gross weekly earnings, up to a maximum of $600 per week.
- The Waiting Period: Note that these benefits do not cover the first 7 days you are off work.
- Treatment Costs: Section B also provides coverage for reasonable and necessary medical and rehabilitation services not covered by public health, such as physiotherapy, chiropractic care, and massage therapy, up to a specified limit.
Pillar 2: The Uninsured Motorist Fund and Your SEF 44 Endorsement
While Section B provides immediate support, what about compensation for your injuries themselves? How do you recover damages for your pain and suffering, or for income loss that extends beyond the Section B maximums? This brings us to the second pillar of your protection.
The Government Safety Net
The Government of Alberta created the Motor Vehicle Accident Claims (MVAC) Program as a fund of last resort. It exists specifically to help victims injured by uninsured drivers or, as in your case, unidentified drivers in a hit-and-run. This program provides access to compensation for your injuries up to a maximum of $200,000. Note that MVAC does not cover damage to your vehicle.
Your Policy’s Extra Layer of Protection
This is where an optional, but highly recommended, part of your insurance policy comes into play: the SEF 44 Family Protection Endorsement. If MVAC is the government’s safety net, you can think of SEF 44 as your personal reserve fund. It is designed to top up what an at-fault driver’s insurance can pay. When the at-fault driver is unknown, their “insurance” is effectively zero. The SEF 44 endorsement steps in to cover the gap between what you can recover from a source like MVAC and the full value of your claim, up to your policy limits.
How Are Your Injuries Valued? Pain, Suffering, and the Minor Injury Regulation
A personal injury claim is about more than just repaying bills. It seeks to provide compensation for damages that do not have a simple price tag: your physical pain, your emotional distress, and the loss of your ability to enjoy your life as you once did. In legal terms, this is called “non-pecuniary” or “pain and suffering” damages.
Our practice handles claims involving a wide spectrum of injuries. We have seen firsthand how a collision leads to life-altering traumatic brain injuries or damage to the spinal cord. We also know that persistent soft tissue injuries, like whiplash, have long-lasting effects on your ability to work and live comfortably.
Introducing the “Cap”: The Minor Injury Regulation
In Alberta, the government has placed a limit, or “cap,” on the amount of pain and suffering damages that can be awarded for injuries classified as “minor.” This is known as the Minor Injury Regulation. A minor injury is typically defined as a sprain, strain, or certain types of whiplash-associated disorders (WAD) that do not result in a serious impairment.
This is where things become complicated. The definition of a “minor injury” is complex and frequently disputed by insurance companies. An insurer may try to classify your injury as minor to limit their payout. However, an injury that keeps you from performing your job, taking care of your family, or enjoying your hobbies may not be “minor” at all. Its impact on your life is what truly matters.
What We Do While You Heal
After being hurt in an accident where the other driver left the scene, your energy should be dedicated to one thing: your recovery. Dealing with insurance companies and government programs is the last thing you should have on your mind. That is our role as personal injury lawyers; we lift that burden from you.
- Handling All Communications: We become the single point of contact for your insurance company and the MVAC Program. You will not have to field calls from adjusters, answer difficult questions, or manage complex paperwork on your own.
- Building Your Claim: A strong claim is built on strong evidence. We take the lead in gathering all the necessary documents, including the police report, any witness statements, your complete medical records, and reports from medical or economic experts to properly document your income loss and future needs.
- Navigating the System: Accessing compensation from MVAC and your own insurer involves formal legal steps. We manage this entire process, from filing the initial claim against the Administrator of the MVAC Program to ensuring your SEF 44 benefits are accessed correctly.
- Ensuring Full Compensation: Our primary focus is to make sure every aspect of your loss is identified and accounted for. This includes everything from your immediate disability benefits under Section B to the long-term compensation you are owed for your pain, suffering, and diminished earning capacity.
FAQ for Alberta Hit-and-Run Accidents
Accessing your no-fault Section B benefits should not affect your insurance rates. For other parts of the claim, such as covering vehicle damage under your collision policy or making an SEF 44 claim, it depends on the specifics of your policy. Generally, claims where you are not at fault do not lead to an increase in premiums.
If an unknown driver hit you while you were walking or cycling, you can still access compensation through the MVAC program. If you own a vehicle with insurance, your own Section B benefits may also be available to you. If you do not have your own auto insurance, the path to benefits is through MVAC, which was created for these situations.
Proving lost income when you are self-employed or a business owner is more complex than for a salaried employee, but it is entirely possible. We work with you to gather the necessary documentation, such as past tax returns, business financial statements, invoices, and contracts, to build a clear and credible picture of your losses for the claim.
This is always a positive development. If the police successfully identify and charge the driver who fled, the claim process can shift. We would then redirect the claim to be against that driver’s third-party liability insurance (known as Section A coverage). We manage this transition for you, ensuring your claim proceeds down the correct path without interruption.
Even if the damage to your vehicle seems minor, the other driver still had a legal obligation to stop and exchange information. Reporting the incident is always the right thing to do. The damage to your vehicle would typically be covered under the collision portion of your own insurance policy, though you would be responsible for paying your deductible.
Let MNH Injury Lawyers Take the Wheel
Being the victim of a hit-and-run is deeply unfair. The feeling of being left to deal with the consequences alone is just as painful as the injuries themselves.
But you do not have to fight for your recovery alone. The system to protect you is in place, and we know how to make it work for you.If the other driver left the scene of the accident, that’s our problem to solve, not yours. Call MNH Injury Lawyers now at (888) 664-5298 to get the support you need.
