This article was last updated: August 14th, 2025

Car accidents are already a stressful and dangerous affair, sometimes even a defining point in your life. In an ideal situation, you and the other party exchange information, agree on what happened, document things thoroughly, and both report what happened to your insurance companies. What happens if the other driver doesn’t actually have insurance? Well, luckily insurance usually goes with the vehicle, not the driver. But what happens if neither their vehicle or the other driver is insured? Or worse, what if they hit you and drove off, leaving you not only without access to their insurance, but without many of the important details you should know about what happened?

What You Need to Know

Part of mandatory car insurance in most provinces is Section D coverage, otherwise known as uninsured and unidentified motorist coverage. It is a tremendously valuable part of your car insurance because it will protect your right to pursue an injury claim in the event that you can’t identify the at-fault driver, or the at-fault driver is uninsured. In either case, your own car insurer will step up to stand in for the unidentified or uninsured driver’s lack of coverage, to consider your claim.

If you have been injured and you are faced with the reality that you were struck by an unidentified driver, don’t worry about the negative consequences of contacting your insurance company. In fact, you want to contact the police and your car insurer immediately because both will attempt to locate the at-fault driver. You are required under the policy terms to report the accident to police within 24 hours and give written notice to the insurer within 30 days to proceed with any claim. The sooner you contact them, the better the odds that the actual at-fault party can be found and your claim can proceed as normal. 

You are the one responsible for proving that the identity of the driver or owner of the other vehicle can’t be determined, not your insurance company. You must take reasonable steps to attempt to identify the driver or vehicle, such as writing down license plates, identify whatever details you recall of the color, make and model, locating and interviewing witnesses, putting out public announcements asking for information, etc. Whether or not your insurance company can locate the unidentified driver, your car insurance premiums should not increase if you are not at fault, even if your car insurance company pays for your injuries!

If you do not have your own insurance and as a pedestrian are struck by a hit and run driver, you still have options, which includes legal action. For example, in Nova Scotia you can file an action against the Registrar of Motor Vehicles, based on section 256 of the Motor Vehicle Act.  

In the case you are struck by an uninsured or unidentified driver, and that your insurance isn’t sufficient, such as if your own auto insurance doesn’t cover the extent of the damages, there is an Uninsured Automobile Fund, administered by the Facility Association. Claims for this fund will work similarly to regular insurance claims, including requiring giving notice and having the claim assessed. So even in the event that either you nor the driver have insurance for what happened, there’s still reason to check out your options!

Drivers Without Insurance

Regardless of the situation it is always a good idea to get all the evidence you can from the scene of an accident. That means photographs of the damage and surrounding area, statements and contact information from witnesses, and notes detailing what you experienced while it is still fresh in your mind. 

Make sure to try and get the identity and contact information of the other driver, even if they do not have insurance. Uninsured drivers may be hesitant to share information about themselves, given that it is illegal to drive without insurance. Clearly convey that you are seeking the relevant information so that your insurance company can provide you with compensation.

What to do When the Other Driver is Unknown
(Like in a Hit-and-Run Accident)

Similar to other accidents, you should collect any scene photos or videos, witness information, and event details that you can as soon as you are able. Witnesses and video evidence of the accident is especially helpful here, as it helps provide credibility to your account of what happened. Hopefully you or a witness will be able to identify the driver, license place, or other information. Regardless of what you can find, make sure to inform your insurance company about the accident in a timely manner.

The Insurance Process

Becoming familiar with your specific insurance policy and its limitations is useful both before an accident occurs, and when trying to figure out next steps in the insurance process. Knowledge is a useful tool to figure out what the process will look like, and what you may get out of it. And you can always ask an expert if you need a hand, or want less to deal with personally after an accident.

Before you begin your discussion with the insurance company, there are some important things you need to know:

  • Strict timelines apply to your claim. Being late with your claim may eliminate your right to compensation, so don’t delay! This means reporting accidents to the police within 24 hours and filing an written accident benefit claim within 30 days, and giving proof of claim within 90 days of the accident. 
  • It remains your responsibility to take reasonable steps to attempt to identify the other driver and to prove that the unknown or unidentified driver acted negligently. Collecting as much information as possible about the accident can assist with this.
  • You must give the evidence to the insurance company to show that the negligent conduct led to your injuries and losses. This is why witness accounts and engagement from uninsured drivers is so important.

If you have any questions about the claim process, there are resources to get any other questions you have about car accident claims answered.

Province-Specific Regulations and Coverage

No-fault insurance systems are where insured parties are covered by their own insurance, regardless of who caused the accident. Much like Nova Scotia has mandatory Section D car insurance for situations involving uninsured or unidentified drivers, other provinces have similar requirements. All of the Atlantic provinces are no-fault provinces, meaning that you can still file a claim with your insurance for compensation in any Atlantic province. The amount that is available may change based on province and policy, but $200,000 is usually the minimum.

However, the timelines for certain steps can change depending on the province:

Nova Scotia: You’re required to give written notice to your insurer within 30 days, and submit your proof of claim within 90 days of the accident. If you sue the defendant, you don’t need to give them notice until you start the legal action. And the minimum coverage amount is $500,000.

New Brunswick: You should give written notice to your insurer within 30 days, and submit your proof of claim within 90 days of the accident. Notice or proof that is given as soon as reasonably possible, within a year of the accident, can still potentially be valid, even if it is outside those windows, but timely submission is recommended.

Prince Edward Island: PEI does not have set dates for notice or proof submissions. Instead, there is an expectation to submit promptly, shortly after the accident. Delaying due to the lack of hard deadlines is not advised. Additionally, if a claim involves the provincial government, then you have 90 days after the accident to give the government written notice.

Newfoundland and Labrador: Newfoundland and Labrador also requires the written notice going to your insurer within 30 days, and submitting your proof of claim within 90 days of the accident. However, you also need to serve written notice to the person you are suing within 120 days of the accident, or else it could negatively impact your case and ability to get paid in full.

Generally, you have two years after the accident to file a legal action, but things like your age, province, if you’re too injured to take an action for a period, or if you’re taking action against the government can all affect how long you actually have. Make sure to be familiar with all the cut-off dates when it comes to car accidents, to avoid missing out on your chance!

Be Sure to Report Your Claim

Report the accident to the RCMP or your local police force within 24 hours, or as soon as possible. They may be able to assist you in identifying unknown drivers, and can provide their record of what happened later on if necessary.

Also, you must notify your insurance company within 30 days of the accident, or as soon as possible. The sooner you start the process, the sooner it can get resolved, and the fresher the incident will be in everyone’s minds.

Giving notice to the police and your insurance company is critical. The insurance company will investigate the claim in hopes of finding the at-fault driver. If your insurance company located the driver, it will shift the obligation to pay the injury claim to the insurer of the at-fault driver. Not only is this a good result for your insurance company, it is helpful with respect to your legal claim because the insurance company will gather important details that may otherwise be unavailable.

If you haven’t notified the police or your insurance company within the timeframe required, you must act immediately. Failure to adhere to the timelines may result in the claim being forfeited, which leaves you without an opportunity to advance a claim for your injuries!

Fortunately, it is the role of a judge, rather than an insurance adjuster with an insurance company, to decide whether your claim has been forfeited because of missed time frames. The judge will assess the prejudice caused to the insurance company due to the delay, and the effect that a dismissed claim will have on you as the victim of a car accident. 

Don’t leave it to chance – give notice to the police and insurance company immediately. Not having to fight extra battles can help your claim be resolved, potentially without having to go to court at all!

Getting Help for Your Case

Car accident claims can be complicated, and not knowing who the other driver was or having another insurance to name can make things even more challenging. In the event that you are unsure what to do, or how best to advance your claim, it may be best to speak to a car accident lawyer about your claim. Most personal injury lawyers work on a contingency fee basis, meaning you do not pay any legal fees unless your claim is won.

Jeff Mitchell is the Principal Lawyer and Founder of NOVA Injury Law. Jeff and the lawyers at NOVA have dedicated their practice to the area of personal injury, accident, and disability benefits law. Call us or use the easy intake process to arrange for a free case review today.