After a car accident in Ontario, you may be wondering who you would sue for your injuries, harms and losses. To recover compensation for pain and suffering for your injuries and for economic loss damages such as income loss, and healthcare related expenses, you will sue the at-fault driver and owner of the vehicle that caused the crash.
Do I Sue the Driver or the Insurance Company After an Accident in Ontario?
Generally, you will bring the lawsuit against the driver and owner of the vehicle that caused the crash. Even though you are commencing a lawsuit against the driver and the owner of the at fault vehicle, it is actually their insurance company that will defend the case, hire the lawyer, and ultimately pay any settlement or judgment. In Ontario, if a car accident case goes to trial, the members of the jury are not allowed to know that it is really an insurance company that is being sued and is going to pay the settlement or verdict at the end of the case.
Who Do I Sue if The Other Driver or Vehicle Does Not Have Insurance?
Sometimes the at fault vehicle or driver is not insured or does not have enough insurance to pay your claim. In these circumstances, you would bring a lawsuit against you uninsured motorist carrier. Uninsured and underinsured motorist claims are commenced directly against an insurance company. If a settlement or judgment is paid by the insurance company, then that insurance company may have the right to seek repayment from the at fault party. Your uninsured motorist coverage is in place to protect an injured party when the at-fault driver or vehicle does not have adequate insurance.
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Andrew Iacobelli is an Ontario lawyer that restricts his practice to representing personal injury victims and their families. Andrew is the founder of Iacobelli Law Firm.