What to Do If You're in an Accident and the Other Person Doesn't Have Insurance

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It is estimated that more than 400,000 drivers in Ontario do not have insurance covering their vehicles in the event of an accident. This situation exists even though it is the law in the province for all motor vehicles to have insurance to cover medical costs, lost wages, and the other damages suffered by a victim injured in a collision. The provincial government estimates that at least 2,100 motorist each year are involved in collisions without having the mandatory insurance coverage on their vehicles.

Your rights as a personal injury victim following an accident

You are entitled to be compensated for the injuries you suffer at the hands of a careless or negligent motorist. Ontario law allows you to file for statutory accident benefits by filing a claim under your auto insurance policy or under the policy of the other driver.

If the driver who caused the accident that caused you to suffer injuries is not insured, you can still file a claim under your insurance coverage. The Insurance Act of Ontario requires every motorist to be covered by up to $200,000 in uninsured motorist insurance. Every automobile insurance policy issued in Ontario includes this coverage to protect the policy holder if he or she is ever in an accident with an uninsured motorist.

Unlike third-party liability insurance that insures you against claims for compensation filed by other drivers, passengers or pedestrians against you, uninsured motorist coverage insures you when you are injured in an accident caused by a motorist who does not have insurance. It also protects you when you are injured by an unidentified motorist. Unidentified motorists are usually those who have an accident and flee the scene before they can be identified.

Steps to take if you are in an accident with an uninsured motorist

If you are in an accident with a driver you think might not have third-party insurance coverage as required by law, or if the other vehicle flees the scene, contact the police immediately. A police report of the accident and its documentation of your injuries will help your lawyer to process your claim for compensation.

Report the accident to your insurance broker or to the company as soon after the accident as possible. You should also contact a personal injury lawyer for advice about how to proceed with your claim for compensation.

Filing a claim when there is no insurance coverage at all

When injured by an uninsured motorist, the normal process is to file a claim with your insurance company under your uninsured motorist coverage. However, there are circumstances under which there might not be any insurance coverage at all, for example:

• A pedestrian struck and injured by an uninsured motorist, you could file a claim for compensation with your own insurance company unless you do not own a vehicle with automobile insurance.
• Passengers in a vehicle driven by an uninsured motorist might not have their own automobile insurance against which to file a claim.

If no insurance is available, a claim may be filed against the Motor Vehicle Accident Claims Fund administered by the Financial Services Commission of Ontario. The fund provides statutory accident benefits and compensation for personal injuries or property damage when there is no other insurance coverage available.

Getting help with an uninsured accident claim

If you have suffered injuries in an accident with someone who was uninsured, the personal injury lawyers at Diamond & Diamond are ready to assist you. Their unsurpassed knowledge of the laws and experience obtaining compensation for victims whose injuries were caused by someone without insurancemake them the lawyers to go to when you need advice and representation. Don’t delay, contact our 24/7 injury hotline at 1-800-567-HURT or visit our website to speak to someone now about your claim. Consultations are free, and we have offices located throughout Ontario.