Hit by a car while walking? You start the case with the law on your side.

Yes. You do not need your own auto policy. Benefits come from your insurer if you have one, from a household member's policy, or from the insurer of the vehicle that struck you. Since July 1, 2026, the mandatory benefits available to a pedestrian are medical, rehabilitation, and attendant care. Income replacement and other benefits became optional and may not be available to an uninsured pedestrian, which is one reason to also pursue a claim against the at-fault driver.

Often not directly. Under section 193 of the Highway Traffic Act, when a motor vehicle on a road causes injury, the driver and owner carry the burden of proving they were not negligent. You show the collision happened and caused harm, and the driver has to justify their conduct. The presumption can be rebutted, so evidence still matters, but the case starts in your favour.

You may still have a claim. Ontario uses the Negligence Act to apportion fault, so partial responsibility reduces your compensation by your share rather than ending the claim. Being outside a crosswalk does not automatically make you at fault. Speak with a lawyer before assuming you have no case.

The deadlines are short and run separately. Notify the auto insurer within 7 days and file the OCF-1 application within 30 days for accident benefits. Serve notice of intent to sue the driver within 120 days, and start the lawsuit within 2 years of the accident. If a municipality may share blame, even shorter notice can apply, so act quickly.

Yes. James Moon is fully bilingual in Korean and English, so you can explain what happened and follow every step in the language you are comfortable with.

James spent the early part of his career defending insurance companies in motor vehicle claims. He knows how adjusters value pedestrian files, what they look for to reduce payouts, and where to apply pressure. That inside knowledge now works for you instead of against you.