Hit by an Uninsured Driver or in a Hit-and-Run in Alberta? How to Still Get Compensated

Being hit by a driver who has no insurance—or by someone who leaves the scene—can be frightening and confusing. You may be injured, unable to work, or left with a damaged vehicle, and you may not know who will pay the bills.

There may still be ways to seek compensation in Alberta. The right option depends on whether you were injured, whether the other driver is identified, what insurance you have, and which rules apply to the accident. Acting quickly is important because some notice requirements are strict.

1. First Steps After a Hit-and-Run or Uninsured-Driver Crash

Start with safety. Call 911 if anyone is seriously injured or there is an immediate danger. Do not chase a driver who leaves. If it is safe, write down as much as you can about the vehicle, including its colour, make, model, licence plate or even part of the plate, and the direction it travelled.

Then take these steps as soon as you can:

Report the collision to police promptly and ask for the file number. Explain that the driver may be uninsured or has left the scene.

Get names and contact details for witnesses. Ask whether anyone has dashcam footage.

Photograph the scene, damage, injuries you can safely document, skid marks and nearby signs.

If nearby businesses or homes may have security video, ask that the footage be preserved quickly; it may be erased automatically.

Contact your own insurance company and explain what happened. Ask what coverage, forms and deadlines apply.

Get medical attention for injuries and keep records of treatment, prescriptions, receipts and time missed from work.

Do not assume that a claim is impossible because you do not know who hit you. Also, do not assume every type of loss is covered. Injury claims and vehicle-damage claims can follow different rules.

2. What Is the Difference Between an Uninsured Driver and a Hit-and-Run?

An uninsured driver is someone who does not have the required insurance. The driver may be known, but there may be no insurer available to pay a normal claim.

A hit-and-run usually means the driver leaves without properly stopping and providing the required information or assistance. Sometimes the driver is later identified; sometimes they are never found. The difference matters because the available insurance options and proof requirements may not be the same.

3. Can Your Own Insurance Help?

Possibly. Your own auto policy may provide benefits even when the other driver has no insurance or cannot be identified. Which coverage applies depends on the policy wording and the circumstances of the crash.

Accident benefits for injuries

Your policy may include accident benefits that help pay for certain eligible medical treatment, rehabilitation, income replacement or other covered expenses. These benefits are not necessarily based on who caused the crash. There are limits, conditions and paperwork requirements, so contact your insurer promptly and ask what is available.

Uninsured-motorist coverage

Alberta’s standard automobile insurance framework includes protection that may apply when an insured person is injured by an uninsured or unidentified vehicle. However, the exact conditions matter. Traditional policy wording has included requirements for an unidentified vehicle, such as physical contact with the vehicle occupied by the injured person and prompt police reporting. A vehicle that forces you off the road without touching you can raise a coverage question.

Do not rely on a general online description to decide whether you qualify. Ask your insurer for the policy wording that applies to your accident date and get legal advice if the coverage decision is unclear or disputed.

What about damage to your car?

The insurance route for repairing your vehicle may be different from the route for injury compensation. Collision coverage under your own policy may help, depending on your policy and circumstances. Alberta’s Motor Vehicle Accident Claims (MVAC) Program does not pay for vehicle repairs or other property damage.

4. What Is Alberta’s Motor Vehicle Accident Claims Program?

Alberta has a program called the Motor Vehicle Accident Claims Program, often shortened to MVAC. It may provide a way for eligible people to pursue compensation for bodily injury or death caused by an uninsured or unidentified driver when the program’s requirements are met.

MVAC is not an automatic payment for every hit-and-run. Eligibility, evidence and required legal steps matter. Other insurance payments or possible sources of compensation may also affect a claim, so it is important to disclose relevant information and get advice about how the options fit together.

Alberta’s published program guidance states that the maximum combined amount available for all victims of one accident is $200,000. If several people are injured, that amount may need to be shared. It is a maximum, not a promise that any one person will receive that amount.

5. Important: The 90-Day Notice Deadline for Hit-and-Run Claims

One of the most important points is timing. Alberta’s current published guidance says that if the responsible driver is unknown after a hit-and-run, you must notify MVAC within 90 days of the accident or your claim may be denied.

This is separate from other deadlines that may apply to a lawsuit, insurance claim or required legal step. Do not wait until you have every medical record or know the full value of your injuries before asking what notice is required. If you are close to the deadline—or think it may have passed—get legal advice immediately.

6. What If the Driver Is Never Found?

You may still have options, but you will need to show that the collision happened and that your injuries or losses are connected to it. A police report, witness accounts, photos, video, medical records and prompt reports to your insurer can all help.

Keep a simple file with the police number, insurance correspondence, claim forms, receipts, treatment records, employment information and copies of any notice sent to MVAC. Save original videos and photographs in more than one safe place if possible.

7. Can You Claim for Injuries and Vehicle Damage?

Potentially, but do not treat the two as one claim. MVAC deals with eligible bodily injury or death claims, not vehicle repairs. Your own policy may help with car damage if you have applicable coverage. If the other driver is identified, other insurance rules may become relevant. Ask your insurer to explain the options separately for injuries and property damage.

8. When Should You Contact a Lawyer?

It can be helpful to speak with a personal injury lawyer early if you were hurt by an uninsured or unidentified driver. Consider getting advice if:

The other driver left the scene or has no insurance.

You are unsure whether your policy covers the accident.

Your insurer denies coverage or says you did not meet a policy condition.

You may be approaching the 90-day MVAC notice deadline.

Your injuries have affected your ability to work or manage daily activities.

There is a dispute about what happened or who was responsible.

You have been asked to sign a settlement or release and are not sure what it means.

A lawyer can review the facts, help identify possible sources of compensation, explain important deadlines and help you understand what documents may be needed. Getting advice does not mean you must go to court; it can help you make informed decisions about your options.

9. Frequently Asked Questions

Can I get compensation if the driver had no insurance?

Possibly. Your own policy may provide benefits or uninsured-motorist protection, and MVAC may be available for eligible injury claims. The answer depends on the facts and the applicable policy and program rules.

What if the driver who hit me is never identified?

Report the collision promptly, preserve evidence, contact your insurer and ask about MVAC. Do not assume you have no options simply because the driver is unknown.

Does MVAC pay for my car repairs?

No. MVAC is for eligible personal injury or death claims. Vehicle damage may depend on your own policy or another applicable insurance route.

How much can MVAC pay?

Alberta’s published guidance lists a $200,000 combined maximum for all victims of one accident. Eligibility and the amount available to each claimant depend on the program rules and the circumstances.

What is the most urgent deadline to know about?

For a hit-and-run where the driver is unknown, Alberta’s current guidance says to notify MVAC within 90 days. Other deadlines may apply too, so get advice promptly.

10. Contact Roberts Law

An uninsured-driver collision or hit-and-run can leave you with serious questions at a difficult time. If you were injured in Calgary or elsewhere in Alberta, Roberts Law can help you understand the potential options and the steps that may apply to your situation.

This article is general legal information, not legal advice. Eligibility, coverage, notice requirements, limitation periods and compensation depend on the facts and on the law and policy wording that apply to the accident date. Alberta’s planned Care-First auto-insurance changes are scheduled to take effect January 1, 2027, so the rules should be checked for the date of the collision.