My child was out riding their skateboard when they were hit by a car and injured. Can we still get car insurance benefits to cover treatment if they weren't in a car when the accident happened?
When a child is hit by a car while riding their skateboard, they are entitled to car insurance benefits even though they were not in a car when the accident happened. This is also true if the person hit was a pedestrian out for a walk, or even riding their bicycle.
There are three different scenarios to consider.
If you have your own car insurance policy, your child's accident benefits claim must be placed through your policy, even though the family car was not involved in the collision.
There is no need to worry if you don't have your own car insurance policy. In this case, your child will still be eligible for accident benefits through the insurance company of the other driver.
In the unlikely event that both you and the other driver are uninsured, your child is still eligible for accident benefits through the Motor Vehicle Accident Claims Fund (MVACF). This special program is managed and funded by the Ontario Ministry of Government and Consumer Services. To make an application or read more about the program, visit the MVACF website.
In addition to accident benefits through car insurance, if the other driver was at-fault then your child may have the right to sue for damages related to the accident. Eligible damages include pain and suffering, future income losses, as well as future medical expenses.
Schedule a free, no-obligation consultation regarding your child's skateboarding accident. There may be time constraints, as well as critical information that needs to be collected as soon as possible to help your child's case.
Call 905-522-9799 for a free consultation with one of our experienced lawyers. We serve Hamilton, Brantford, Burlington, St. Catharines, Niagara, and other nearby areas of Ontario.
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