The applicable statute of limitations for UIM claims and when the limitation begins to run has been the subject of considerable debate and legal analysis by the Courts in Ontario. The leading case in Ontario is from the Court of Appeal decision in Schmitz v. Lombard General Insurance Company of Canada, 2014 ONCA 88. That case addressed the application of the Limitations Act to claims under OPCF 44R. In Summary, that decision provided that the limitation period for claims under OPCF 44R start to run on the day after a demand for indemnity is made. The rational is that a UIM claim sounds in breach of contract and, therefore, the time limit for the claim will commence to run on the day after a demand for indemnity is made to the insurance company.
Despite this decision, it is recommended not to delay in commencing a claim for UIM coverage. If demand is made, you or your lawyer should be immediately prepared to issue the lawsuit against the insurance company to avoid missing the statute of limitations.
Many underinsured motorist claims arise from accidents involving Ontario resides that are injured while visiting the United States. We have experience in these claims and regularly work with attorneys in the United States to pursue the Ontario UIM and first-party benefits claims on behalf of Ontario residents.
To learn more, call me to discuss the facts of your particular situation.
Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada as well as offices in Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death.