An Experienced Hamilton Car Accident Lawyer

Your Trusted Car Accident Law Firm

Providing Representation for Victims of Auto Accidents.

Many Ontarians who are in car accidents, and hit-and-run accidents in particular, find that their insurance company does not protect them as much as they expected. In fact, many turn to my law firm because they have a hard time securing the compensation they need. If you have been in a hit-and-run, contact my law firm, Derek Wilson Injury and Disability Law, for a free consultation to find out how my team may be able to help.

Why Contact My Law Firm?

I’m Derek Wilson, and when you work with me, you work with me, not junior staff or rotating contacts. I’m also not distracted by dozens of unrelated services, since I specialise exclusively in injuries and disability claims and am selective about the cases I take on.

I’ve spent over 30 years navigating this territory, including time spent defending insurance companies. That experience gave me insight into how insurers think, and how to outthink them for you.

My work has been recognised nationally with titles like “Best Law Firm” and “Best Lawyer” in personal injury. But what truly matters is the feedback from people like you. Clients describe my law firm and our services as transparent, compassionate, and timely, reflected in a perfect 5.0 Google rating.

I’m proud of the results I have secured for my clients and the significant settlements and verdicts I have secured, but I’m most proud of the difference I have been able to make in the lives of my clients.

I grew up in this community and returned to serve my neighbours in Hamilton. I also work on a contingency fee basis, so you face no upfront fees.

What is a Hit-and-Run Accident under Canadian Law?

On a provincial level, the Highway Traffic Act section 200 says that if you’re involved in a collision, even if it seems minor, and you leave without stopping to exchange information or help, you’ve committed an offence. No one needs to be hurt for this to count as an offence. 

At the federal level, the Criminal Code also makes leaving the scene of an accident a crime. If harm was caused and the driver knew or ought to have known, failing to stop becomes a criminal offence at this level.

Penalties vary, but under the HTA, drivers could face $400–$2,000 in fines, seven demerit points, and licence suspension of up to two years, even for a first offence. If criminal charges are laid, drivers can face between ten years to life in prison.

In addition, drivers who leave the scene of an accident face escalating insurance premiums and may have to pay the victim for their losses.

Types of Hit-And-Run Cases We Handle

In Hamilton, I have seen and heard about hit-and-runs in areas like Upper James and Mohawk, King and Dundurn, and Barton and Kenilworth, as well as other hotspots. However, hit-and-runs can happen anywhere, and they don’t always involve cars. My law firm works with clients who have been injured in:

  • Pedestrian or cyclist collisions. One of the benefits of living in Hamilton are the many green spaces and trails, including the Hamilton to Brantford Bicycle Rail Trail. When drivers fail to stop in areas where these trails intersect car traffic, horrific accidents happen. In addition, drivers are not always careful at intersections where pedestrians are crossing. Some even try to drive in the city’s many bike lanes, which can lead to bicycle accidents.
  • Motor vehicle collisions with an unidentified driver. This might happen on a busy stretch like Upper James, where traffic can be fast and visibility poor, or in parking lots that get chaotic. This still counts as a hit-and-run when the driver doesn’t stop or leave a note.
  • Truck accident cases. One of the most devastating accidents that can happen to a pedestrian involves a truck accident. When a truck strikes a pedestrian, the size of the vehicle is likely to cause life-threatening injuries. If the truck driver fails to stop and render aid, the pedestrian could suffer fatalities or permanent injury.
  • Multi-vehicle hit-and-runs. These traumatic events often unfold on high-speed stretches like Highway 8 or the 403. There may be multiple drivers who cause multiple crashes and then drive away. This means that there are multiple drivers to find.

Across all these scenarios, you deserve justice and compensation. My team investigates accidents and seeks hit-and-run drivers, and we help you seek full compensation for your injuries and losses. No matter what kind of car accident you have been involved in, if you have been injured or face losses, call my law firm at 905-769-0418 for a free consultation.

Steps to Take Right Away

If you have been in a hit-and-run accident, here is what you will want to do next:

  • Ensure your safety and get medical care. Even if you feel okay, don’t assume you’re uninjured, because some injuries only show symptoms later. Seeing a physician sooner helps with treatment and could even save your life if you have suffered organ damage or a serious traumatic brain injury.
  • Report the incident to the police. In Hamilton, damage over $2,000 or any injury must be reported. Police will generally attend any accident scene with serious injuries, but will not attend for an accident causing property damage only. You can report the accident online at https://accsupport.com/report-collision/, and it is important to report the accident within 24 hours. Once you start the process online, you will need to bring your reference number to a Collision Reporting Centre. In Hamilton, there are currently two: one at 2825 King Street and one at 400 Rymal Rd E.
  • Collect evidence if it’s safe to do so. Write down or take photos of any details, get contact details of any witnesses, and write down anything you remember. It can also be helpful to note any security cameras in the area or any homes or buildings that could have security cameras. They may have captured what happened.
  • Report the accident to your insurance company. You must notify your insurer of the accident within seven days, and sooner is always better.
  • Reach out to a lawyer experienced in hit-and-run cases right away.
    Having someone who handles the claim can make all the difference in ensuring deadlines are met. An experienced lawyer knows how to maximize compensation.

At Derek Wilson Injury and Disability Law, my team helps those who have been injured. My law firm only focuses on personal injury and on disability law, so we can help you with a car accident claim but can also help if your claim for short-term disability or long-term disability is denied.

How Compensation Works in Ontario for Hit-and-Runs

In Ontario, your own insurance will generally help you if you are injured. You may be able to apply for Statutory Accident Benefits (SABs). Your car insurance may have Uninsured Motorist coverage or Family Protection coverage which can help you cover your costs. If you were in a bicycle or pedestrian accident with a hit-and-run driver and don’t have car insurance, the Motor Vehicle Accident Claims Fund (MVACF) can help you, even if the driver is never found.

In addition to auto insurance, you may have benefits and insurance through your employer or group plan. For example, you may have long-term and short-term disability insurance coverage, which can help you replace lost income if you are unable to work because of your injuries.

To get compensation through your insurer, you will need to identify which policies are relevant and closely follow the application instructions and timelines, to make sure you are not denied due to a small mistake.

You may also want to consult with a hit-and-run lawyer in Hamilton, ON to find out whether you may have another option for seeking compensation. If the at-fault driver is found or if there is another at-fault party, you may have a personal injury claim that lets you seek compensation beyond what insurance may offer.

What To Expect From The Legal Process

After a hit-and-run or serious collision in Hamilton, you may be managing medical appointments at St. Joseph’s or Hamilton General, trying to arrange physiotherapy, or taking time off work to deal with your injuries. You will also need to report the accident to police and insurers.

Unfortunately, the legal process is not always easy. Insurance companies may try to pressure you into accepting compensation that doesn’t cover all your costs or may even deny your claim. You may face pressure to return to work before you are healed or may find your benefits cut off.

I established my law firm, Derek Wilson Injury and Disability Law, to help you navigate the process. When you contact me, the process begins with a personal conversation—a free, confidential consultation. You’ll speak directly with me, and we’ll go through the details of what happened and how your life has been affected.

From there, I start gathering the key evidence and investigating your accident. I then reach out to insurance companies on your behalf. Early in my career, I represented insurance companies, so I can anticipate their tactics.

As the case progresses, I’ll update you regularly. Not every case goes to court, but if yours does, I’ll be the one standing beside you in front of a judge. You’ll have the same person guiding you from day one through to resolution. That’s rare in this field, but it’s how I believe the process should work.

Understanding Legal Fees

At Derek Wilson Injury and Disability Law, I work on a contingency fee basis. That means you don’t pay anything upfront, and I only get paid if your insurance claim, tort claim, or accident benefits case is successful.

When we meet for a free consultation, I’ll explain the fee structure clearly. You’ll have the opportunity to ask every question before deciding whether to move forward, so there are no surprises.

Seeking Maximum Compensation

In a hit-and-run accident with an unidentified driver, your own insurance may step in. Many policies include uninsured motorist coverage, which provides protection if the at-fault driver cannot be found. If you have private or employee plans for private health coverage, disability insurance, and other policies in place, you may have additional places to turn for compensation.

I examine every possible avenue to secure compensation. I also fight back when insurers try to minimize claims. My focus is on making sure nothing is overlooked and that you receive the maximum compensation the law allows, because when you accept less than you deserve you may not get the compensation you need to pay for critical care and on-going support. This can affect your prognosis and your ability to rebuild, which is why I am passionate about seeking out every dollar possible.

Medical Expenses and Damage Recovery

If you’ve visited the emergency department at Hamilton General or St. Joseph’s, or started physiotherapy or rehab, those costs should not be squeezed out of your own pocket if you’re eligible for accident benefits.

Your own car insurance policy (or the Motor Vehicle Accident Claims Fund, if you don’t have insurance) can also cover some of the costs related to your accident, including car repairs and medical costs not covered by OHIP.

If you have a personal injury or tort claim, you may be able to seek additional compensation for pain and suffering, future medical costs, lost earnings capacity, and more. This type of claim can help you secure fuller compensation, which is why you may want to consult with a hit-and-run lawyer immediately following your accident to find out if you qualify.

How to Get Started – Free Consultation & Next Steps

Starting your path to recovery shouldn’t be another hurdle. That’s why I offer a free consultation. It lets you review what happened and get insights from me, all without any obligation or upfront cost. Just reach out now to schedule a time to talk.

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