Does the Administrator have an obligation to contact the driver of a vehicle to establish the identity of the driver?

Alberta, Canada

The following excerpt is from Hagan v. Doe, 2003 ABQB 897 (CanLII):

To further support his position, counsel for the Administrator cites Donovan v. McCain Foods Ltd., [2003] N. J. No. 111 (S.C.T.D.), where the plaintiff and two other drivers were involved in a motor vehicle accident. At the time of the accident, the plaintiff did not feel pain, nor did she notice any damage to her vehicle. As a result, she did not obtain any identifying information from the other drivers. Later that day, the plaintiff began feeling pain and was ultimately diagnosed with a soft tissue injury. The court held that the obligation on the plaintiff to make reasonable inquiries arises “at the latest, when the claimant has knowledge of the fact of the accident.”(at para 43) There, the court held that the plaintiff could easily have ascertained the identity of the driver, but chose not to do so; therefore, her claim was dismissed. D. The Law in Ontario

Other Questions

If one uses a motor vehicle to deliberately run down another then if one uses the motor vehicle, could the driver have committed the offence of murder, attempted murder or criminal negligence causing death? (Alberta, Canada)
What is the test for determining whether a plaintiff has made all reasonable efforts to establish the identity of the driver? (Alberta, Canada)
When is a driver who is not a "who is operating a motor vehicle" considered to be a driver? (Alberta, Canada)
When is a driver not a "who is operating a motor vehicle" considered to be a driver? (Alberta, Canada)
In a motor vehicle accident case, in what circumstances will a plaintiff not be liable for failing to warn the driver of the vehicle that there is no evidence that such warnings would have prevented the accident? (Alberta, Canada)
Does a dominant driver have a duty to ensure that opposing drivers in left-hand turn lanes do not have their view blocked by a dominant vehicle? (Alberta, Canada)
Can a court order disclosure of the identity of individuals who have been named in a document without disclosing their identities? (Alberta, Canada)
Can a plaintiff rely on the principle of a servient vehicle to sue a dominant driver? (Alberta, Canada)
Can an expert testify that the disclosure of damage to a vehicle causes the vehicle's value to decline? (Alberta, Canada)
Can a detainee refuse to contact legal aid after informing the attending police officer that he is unable to contact his own lawyer? (Alberta, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.