Hit and Run Lawyer in Calgary

Possibly. Alberta permits a claim against the Motor Vehicle Accident Claims Fund where the driver or owner cannot be identified, provided written notice is given to the Administrator within 90 days of the accident and reasonable efforts have been made to identify them. There may also be coverage under your own policy. Because of the notice deadline, this should be dealt with immediately rather than after treatment has finished.

A different route applies. Broadly, the claim proceeds against the driver, and an application can then be made in respect of the unsatisfied portion of the judgment. There are procedural requirements — including notice to the Administrator — and payment can be refused where they are not met. There are also limits on the amount recoverable, so coverage under your own policy is often relevant as well.

In most injury claims the period is two years — but it does not simply run from the date of the accident. It runs from the point at which you knew, or ought reasonably to have known, three things: that you were injured, that the injury was attributable to someone else's conduct, and that it was serious enough to warrant bringing a proceeding. A separate ten-year outer limit runs from when the claim arose, and whichever period expires first governs. Different rules apply to minors and to people under a disability, and some claims carry much shorter notice deadlines that are separate from the limitation period. Because the analysis is fact-specific, the safe course is to ask early rather than assume.

We act on a contingency fee basis, which means you pay no legal fees unless compensation is recovered. Disbursements — the out-of-pocket costs of running a file, such as medical records, expert reports and court filing fees — and applicable taxes may still apply. We will explain the arrangement in writing before you retain us.