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<Motor Vehicle Accident with the “unidentified automobile”>

The Plaintiff’s claim is that he was hit by a car while he was crossing the street. He did not ask the driver for his name or for any other information.

The Economical Insurance paid his statutory accident benefits, without challenging his entitlement to them.

However, the same Economical Insurance (that paid his accident benefits) may not agree to pay for his Tort action.

It is because the Plaintiff has to prove that he was hit by an “unidentified automobile” as defined by s. 265 of the Insurance Act.

Otherwise, the court can find that the Plaintiff has not met his burden of proving that there is a genuine issue for trial.

And, the court could grant Economical Insurance’s summary judgment dismissing the Plaintiff’s action.