Pedestrian Accidents FAQ

In order to file a claim for a pedestrian accident is there anything I must be able to prove?

A pedestrian injured from being struck by an automobile is presumed to have been struck by the fault of the driver of that automobile unless the driver proves otherwise. The pedestrian must show that the injury that he suffered was serious enough to cause a “permanent serious disfigurement or permanent serious impairment of an important physical, mental or psychological function” as defined by the Ontario Insurance Act.

What if I don’t have insurance, can I still file a claim?

Even pedestrians who don’t have insurance can seek accident benefits from the driver’s insurance company or the Motor Vehicle Accident Claims Fund regardless of who was at fault.

They can also seek a personal injury claim against an at-fault driver or party that caused the accident.

How long do I have to file a claim for a pedestrian accident with my insurance company or through a lawsuit?

Insurance laws require that the insurance company be notified of an accident within seven days of that accident. Failing to meet that timeline may impact your right to receive benefits. A pedestrian injured in an accident may have up to two years from the date of the accident to file a personal injury lawsuit against the at-fault driver.

A word from our clients

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"I am a former client of Mr. Sean Mackintosh at Harrison Pensa law firm. I highly recommend Mr. Mackintosh and his diligent team. They are attentive" Read More

January 8, 2016

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HARRISON PENSA ™ is a full-service law firm representing private & business interests throughout southwestern Ontario.

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