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.
Need Help After a Car Accident Injury? Call Our Car Accident Injury Law Firm 24/7 to Request a Free Consultation
If you have questions about who to sue after a car accident in Ontario and would like to speak with an experienced lawyer, call toll free anytime 24/7 at 866-234-6093 or a free consultation with one of our lawyers. You can also request help by completing our online contact form here.