This article was updated: August 14th, 2025


A hit-and-run accident can be a terrifying event in someone’s life, especially if it leaves them severely injured. Here’s what Atlantic Canadians need to know about laws regarding hit-and-runs and the victim’s options for pursuing compensation for injuries. (And if you need experienced lawyers for auto injury cases, call us today!).

What is a Hit-and-Run Accident?

Simply put, a hit-and-run accident occurs when a driver hits another vehicle, cyclist, or pedestrian and flees the scene instead of staying to provide their relevant information and ensure the other party is okay. At times, a hit-and-run may involve only property damage, such as when someone attempts to park in a tight space, damages another vehicle, and leaves without notifying the other vehicle’s owner of their liability.

When the other driver is at fault but doesn’t stay to take responsibility for the accident, it can be highly frustrating for the victim(s).

There can be many reasons why someone would fail to stop. They may panic and think the best thing they can do is leave. They may drive with an expired license or no license at all or have a previous record. It is even possible that they may not have realized they’ve hit something or someone, especially if driving impaired due to drugs or alcohol or distracted or fatigued. 

Regardless of the reason, Canadian law takes it seriously.

Legal Obligations and Laws Regarding Hit-and-Run Accidents

Canada has two different types of charges for hit-and-run cases.

Statutes controlling motor vehicle operation.  This would include the Motor Vehicle Act (in Nova Scotia and New Brunswick) and the Highway Traffic Act (PEI and Newfoundland and Labrador); Exact penalties vary from province to province, but generally this involves the guilty driver receiving a ticket and related fines. This is usually issued for someone who fails to remain at the collision location after striking another parked vehicle or a moving vehicle.

Canadian Criminal Code. When someone hits a pedestrian or cyclist and leaves the accident scene, they can face criminal charges. Injured persons may be unable to call for help themselves, and leaving those who could potentially need life-saving care can cause the injuries to worsen or lead to death. If the hit-and-run driver had stopped and called for help, such an outcome may have been avoided.

Consequences for hit-and-run accidents vary according to the circumstances and the severity of the injuries incurred, if any, by the victim. The guilty party could face a few hundred to a few thousand dollars in fines and a few months or even up to 10 years in prison. They’ll have a criminal record for the rest of their life if convicted of criminal charges. There’s also the possibility of up to six demerit points on their driver’s license or having the license suspended for up to two years. Another factor is if the driver is found to have been driving while under the influence of drugs or alcohol. If that’s confirmed, the driver could face stiffer penalties.

If the driver caused someone else’s death and left the accident scene, they could face vehicular manslaughter/homicide charges (such as criminal negligence causing death; dangerous operation causing death; impaired driving causing death; hit and run causing death; street racing causing death) and more severe consequences, such as life imprisonment.

Insurance Coverage and Compensation for Hit-and-Run Victims

In hit-and-run cases, the inability to identify the at-fault driver can complicate claims. Victims must demonstrate that the unidentified driver was at fault, which can be challenging without direct evidence. The onus is on the claimant to establish that the identity of the owner or driver could not be ascertained by reasonable means.  This requires the claimant to take positive steps to attempt to identify the driver or owner, including collecting evidence at the scene, reporting the accident to police, identifying witnesses, taking out newspaper ads seeking information etc. 

There are several potential areas for financial compensation:

  • Medical expenses, including therapy and rehabilitation expenses;
  • Lost wages or damages for loss of future earning capacity if the injuries permanently affect someone’s ability to work;
  • In-home care, if needed; 
  • Loss of valuable services;
  • Pain and suffering; and
  • Legal cost and Disbursements.

An unidentified driver means that you also cannot identify their insurance policy. Though this can be alarming, if you are insured under your own auto policy (or were a passenger in an insured vehicle) then that insurance company will step into the place of the unidentified drivers. However, it is important to note that the insurer is only required to pay up to the minimum coverage limit set out in that policy per accident. This means that in the event of a hit-and-run with multiple injured parties, the limit applies to the total damages paid out altogether, not per person. 

In Nova Scotia, insurance provides up to $500,000 in coverage for accidents involving uninsured or unidentified drivers. In New Brunswick, Prince Edward Island, and Newfoundland and Labrador, the minimum coverage is $200,000. This does not mean that every hit-and-run victim will receive that amount of compensation.

How much someone could receive will depend on the case. Like all accidents, every hit-and-run is different. Suppose someone has a minor injury that doesn’t cause them to lose time from work and takes little medical intervention. In that case, they’ll receive less than someone who faced more catastrophic injuries, such as brain injuries, dismembered limbs, or significant back injuries.

What if I Am Injured in a Hit-and-Run and Do Not Have My Own Insurance Policy?

If you are injured in a hit-and-run accident as a pedestrian or a cyclist, it may be that you do not have access to an applicable insurance policy. While many people would fear that there is no other alternative, this is thankfully false. Uninsured persons that are injured in a hit-and-run scenario by an unknown driver may make a claim against the Facility Association.

In Nova Scotia, New Brunswick, Prince Edward Island, and Newfoundland and Labrador, the Facility Association administers the Uninsured Automobile Fund. The payment of these claims are governed by the applicable provincial Acts, and are subject to the provincial minimum coverage limits specified above.

How Long Do I Have to File a Claim for a Hit-and-Run Accident?

First, you must report the accident to the police within 24 hours of its occurrence and notify your insurer in writing within 30 days. In Nova Scotia, New Brunswick, Prince Edward Island, and Newfoundland and Labrador, there is a two-year limitation period deadline to file for claims, beginning with the date of the accident. There are occasionally exceptions to that deadline, but it can be more difficult to convince a court to hear the case if the deadline has passed. If you’re unsure of your timing, it’s advisable to meet with an experienced auto injury lawyer as soon as possible.

What Should I Do if I’m injured in a Hit-and-Run Accident in Nova Scotia?

If you’re physically able, pull your vehicle over (or bike or yourself if you’re a pedestrian) to the side of the road to avoid further contact with other drivers. If the other driver is still visible, try to get any information about the car being driven, including the license plate, if possible. If you or anyone else is injured, call for help. You’ll also want to file a police report to begin an investigation. Look around the area for any possible home or business security cameras that may have filmed the accident and could have identifying details.

Even if you’re sure you’re not injured, you should see a doctor as soon as possible. Injuries can occur in these accidents that don’t always show symptoms immediately. Left untreated, they can become severe and even life–threatening.

Then, call NOVA Injury Law to schedule a free case review. Our team of experienced, knowledgeable hit-and-run accident lawyers can help guide you through trying to identify the guilty driver and pursue financial damages from them. We understand this is a traumatic, frustrating situation for you and that personal injury law is complex. We’re here to help you understand what will happen going forward and the possibilities for the best outcomes for you.