Being struck by a vehicle as a pedestrian in Ontario is one of the most traumatic accident scenarios — and one where victims often underestimate their legal rights. A common misconception is that accident benefits are only available to drivers. They are not.
Pedestrians Can Claim Accident Benefits
In Ontario, accident benefits are available to pedestrians, cyclists, and passengers — not just drivers. If you were struck by a vehicle, you are entitled to claim accident benefits. The question is: which insurer pays?
If you have your own automobile insurance policy, your own insurer pays first. If you do not have automobile insurance, the insurer of the vehicle that struck you is responsible. If that vehicle was uninsured or the driver fled (hit and run), OPCF-44R (uninsured automobile coverage) through the Motor Vehicle Accident Claims Fund may apply.
What a Pedestrian Victim May Claim
- Income replacement benefits if unable to work
- Medical and rehabilitation benefits for treatment
- Attendant care if injuries require daily assistance
- Non-earner benefits if not employed at the time
- Death and funeral benefits if the accident was fatal (for surviving family members)
The Tort Claim Against the Driver
As a pedestrian who was not at fault, you also have the right to bring a tort claim against the driver who hit you for pain and suffering, future income loss, and future care beyond SABS limits. The 2-year limitation period applies. Pedestrian tort claims are often higher in value than vehicle-on-vehicle claims because pedestrians are typically more severely injured.
The 10-Day Municipal Notice — If It Happened on a City Street
If the accident involved a condition of the road, sidewalk, or intersection that a municipality was responsible for maintaining — poor signage, road defects, inadequate lighting — you may have a separate claim against the municipality. Municipal claims require written notice within 10 days under the Municipal Act. This is one of the shortest deadlines in Ontario personal injury law.
Pedestrian accident claims involve multiple potential benefit sources and a tort claim. A free review can help clarify which apply to your situation and what steps to take next.