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 â€śpermanent serious disfigurement or permanent serious impairment of an important physical, mental or psychological functionâ€ť as defined by the Ontario Insurance Act.
What if I donâ€™t have insurance, can I still file a claim?
Even pedestrians who donâ€™t have insurance can seek accident benefits from the driverâ€™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.