What if I or the other driver don't have insurance?
Justin A. Villeneuve
Lawyer - Litigation
Answer: Ontario's auto insurers provide accident benefits and liability insurance. The accident benefits claim and the tort claim both work together toward covering your losses stemming from the accident. So, what happens when one of the parties involved doesn't have insurance? I've listed the most common scenarios:
A rear-ends B. A doesn't have insurance. B does have insurance:
The standard Ontario insurance policy includes coverage in-case the at-fault party is uninsured or underinsured. B's insurer would be on the hook for the accident benefits and the damages caused by the at-fault party as well (tort claim).
A strikes B (a cyclist). A has insurance. B doesn't have insurance:
In this case, it's up to A's insurer to provide both accident benefits in addition to compensation for the damages caused by A.
A is a pedestrian struck by driver B. A is injured. Neither A nor B have insurance:
In this circumstance, plaintiffs turn to the Motor Vehicle Accident Claims Fund. The fund may provide:
- Accident benefits
- Death and funeral benefits
- Compensation for personal injury or property damage (except for vehicles)
Although the fund does not work exactly like an insurer, it does provide a safety net for injured parties with no accessible insurance policy.
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