Pedestrian in car accident entitled to accident benefits through auto insurance or provincial fund

June 15, 2015, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

The local news recently reported on two separate accidents involving a car and pedestrian.  The Cambridge Times reported that a 25 year old Cambridge man was taken to Hamilton Hospital with major injuries after being struck by a car as he was standing in the parking lot.  The accident occurred in a parking lot on King Street near Bishop Street in Cambridge. It is also reported in the Brantford Expositor that a woman was seriously injured by a car in a hit and run accident that occurred on Market Street, Brantford. 

Brantford Expositor reported that a woman was seriously injured by a car in a hit and run accident that occurred on Market Street, Brantford

(Picture from Brantford Expositor)

The accident occurred in the early morning while the woman, who was a pedestrian at the time, was struck by a car while she was crossing Market Steet, Brantford.  Later, the driver of the car went to the Brantford Police Station and turned himself in.  The driver has been charged with dangerous operation of a vehicle causing bodily harm, failing to stop at the scene of an accident causing bodily harm and criminal negligence. The woman remains in critical condition.

When a pedestrian is struck by a car and injured, the pedestrian is entitled to medical and rehabilitation benefits through an auto insurer.  The pedestrian would first make an application for accident benefits to their own auto insurer.  However, if the pedestrian does not have car insurance, then the pedestrian will be entitled to apply for accident benefits through the insurance company of anyone that the pedestrian is dependent upon, like a child and parent.  Alternatively, if the pedestrian is not dependent upon anyone, then the insurer will be able to access benefits through the auto insurer of the car that struck him.  Finally, if the pedestrian was hurt by a car in a hit and run, and had access to no other car insurance policy, then the pedestrian will be able to access accident benefits through the Motor Vehicle Accident Claims Fund operated by the province. 

Posted under Automobile Accident Benefits, Car Accidents, Fractures, Pedestrian Accidents, Personal Injury, Treatment

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Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit or call us toll-free at 1-866-414-4878.

The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.

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