Getting hit by a driver who speeds off before you can get a licence plate is one of the most frustrating positions an injured person can be in. Without a driver to identify, it's natural to assume there's no one to sue and no way to be compensated for your injuries.
The good news: you can still make a claim. Alberta law provides a specific remedy for exactly this situation, and it's important to understand how it works — because it comes with a very short deadline.
How a hit-and-run injury claim works in Alberta
When the driver or owner of the vehicle that hit you cannot be identified, Alberta's Motor Vehicle Accident Claims Act allows you to bring your claim against the Administrator of the Motor Vehicle Accident Claims Act instead of against the unknown driver.
The Administrator is a government official who stands in for the missing at-fault driver. Practically speaking, this means your lawyer names the Administrator as the defendant (or co-defendant, if other parties are also involved) and pursues the claim much as they would against any other at-fault driver, with the government ultimately paying out compensation for your injuries if the claim succeeds. Claims against the "Administrator" are possible when:
- the owner and operator of the vehicle are both unknown and can't be identified, or
- the operator is unknown and the registered owner can't be held liable for the operator's actions.
Before a court will award anything against the Administrator, it has to be satisfied that all reasonable efforts were made to identify the driver — for example, a police report, a canvass of the area for witnesses or surveillance footage, and any other steps a diligent investigation would involve. This is one of several reasons it pays to get a lawyer involved immediately after a hit-and-run: evidence that could identify the driver disappears quickly, and your lawyer needs to be able to show the court that a real effort was made.
The deadline you cannot afford to miss
This is the single most important thing to know if you've been hurt in a hit-and-run: notice of your claim must be served on the Administrator in writing within 90 days of the accident, unless a court allows a longer period. If that notice is not served in time you could be barred from bringing the claim at all.
Ninety days sounds like a reasonable window, but it passes quickly once you account for recovering from your injuries, dealing with insurance, and simply not knowing that this notice requirement exists. Do not delay in speaking to a lawyer. Once you retain counsel, your lawyer can move quickly to serve the required notice on the Administrator and preserve your right to claim.
It's also worth knowing that this 90-day notice period is separate from — and shorter than — the general limitation period that otherwise applies to injury claims. The lawsuit itself still has to be started within the time limited by Alberta's Limitations Act (generally two years), but missing the 90-day notice window can shut the door long before that two-year clock runs out.
The cap on what the Administrator will pay
Claims against the Administrator are paid out of the Alberta government's General Revenue Fund, and that fund's exposure is capped. Under the current regulations made under the Act, the Administrator's maximum payout is $200,000 per accident, regardless of how many people were injured or how severe the injuries were. If more than one person has a claim arising out of the same hit-and-run, that $200,000 is shared proportionately among them based on the size of their claims.
For a catastrophic injury, $200,000 can fall far short of a claim's real value once you account for medical costs, lost income, and future care needs. That's where the second part of the picture comes in.
When the cap isn't enough: SEF 44 coverage
If your damages exceed what the Administrator can pay, it may still be possible to recover the shortfall from your own automobile insurance policy, through what's known as a SEF 44 claim — the Family Protection Endorsement that most Alberta auto policies include (or offer as an optional add-on).
SEF 44 coverage exists to protect you when the at-fault driver — including an unidentified hit-and-run driver — doesn't have enough insurance (or, in this case, government compensation) to cover your damages in full. In effect, your own insurer steps in to make up the difference between what the Administrator pays and what your claim is actually worth, up to the limits of your SEF 44 coverage.
Because a SEF 44 claim is made against your own insurer, it comes with its own notice requirements and procedural steps, separate from the claim against the Administrator. This is another reason to hire a lawyer early: pursuing both claims correctly, and in the right order, makes a real difference to the outcome.
What to do if you're injured in a hit-and-run
- Report the accident to police as soon as possible and get a copy of the police file number.
- Try to identify witnesses, nearby security or dash-cam footage, and any other evidence of the vehicle or driver before it disappears.
- Seek medical attention and keep records of every diagnosis, treatment, and expense.
- Contact a personal injury lawyer immediately — the 90-day notice deadline to the Administrator runs from the date of the accident, not from when you get around to calling a lawyer.
Speak with a lawyer right away
A hit-and-run doesn't mean you're left to cover your own losses. Alberta's Motor Vehicle Accident Claims Act exists precisely so that injured people aren't penalized simply because the at-fault driver fled the scene. But between the 90-day notice deadline, the $200,000 cap, and the interplay with your own SEF 44 coverage, this is not a claim to navigate alone or to sit on.
If you or a loved one has been injured in a hit-and-run accident in Alberta, contact Dueck Law today for a free consultation. The sooner we're involved, the sooner we can protect your right to compensation.
This article is provided for general informational purposes only and does not constitute legal advice. Every case is different — please contact a lawyer to discuss the specific facts of your situation.