Ontario Uninsured and Underinsured Car Accident Claims
Car Accidents Involving Uninsured or Underinsured Drivers
Car Accident Injury Lawyer Ontario
Often times, car accidents occur where the at-fault driver either had no valid insurance or minimal insurance coverage. Even worse are the hit and run accidents in which the at fault driver flees the scene Fortunately for the injured victim, there is usually compensation available through their own insurance, which provides uninsured and underinsured motorist coverage. Most Ontario policies we see for underinsured and uninsured motorist coverage provide protection for losses of at least $200,000 and more often $1,000,000 or more. This is a relief for victims that may have been seriously injured due to the negligence of another driver that was irresponsible and did not have sufficient or otherwise valid insurance coverage for the loss.
Underinsured and Uninsured Coverage Also Applies to Accidents that Occur Outside of Ontario
Probably one of the best features of Ontario auto insurance is that it protects drivers, occupants and even pedestrians that are involved in an accident while travelling outside of Ontario, in the United States or another Canadian Province. This coverage is available even if your Ontario insured vehicle is not involved in the accident. So, whether you drive or fly for pleasure or work to another province or to the United States, you have protection in the event of an accident with an underinsured or uninsured driver. The reason why this is so important is because many jurisdictions outside of Ontario have much lower insurance requirements for drivers. If you are seriously injured in an accident in the United States for instance, there is a very high likelihood that you will be in a situation with an underinsured claim.
Statute of Limitations for Underinsured and Uninsured Claims - the Time Limit:
Every claim for personal injury in Ontario is governed by deadlines, and claims for underinsured and uninsured coverage from your own insurance has deadlines. These deadlines, however, have historically been more difficult to determine for injured victims. While the standard time line for filing a civil claim in Ontario is two years, auto insurance policies have a shorter deadline and some additional notice obligations. Fortunately, guidance has been provided by the Ontario Court of Appeal making it clearer for injury victims. In the case of Schmitz v. Lombard General Insurance Company of Canada, 2014 ONCA 88, the Ontario Court of Appeal confirmed that the limitation period for a Underinsured Motorist Claim does not necessarily start to run from the date of the accident. Instead, the Court recognized that these claims sound 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. In many instances, this provides more time for accident victims to ascertain whether there is viable insurance before commencing a claim against their own insurer.
Ontario Car Accidents and Uninsured Motorist Coverage
Ontario uninsured motorist coverage is a form of insurance that pays compensation for bodily injury that results from an accident in which a driver who is legally responsible for the injuries has no liability coverage.
Ontario Car Accidents and Underinsured Motorist Coverage
Ontario underinsured motorist coverage pays compensation for bodily injury that results from an accident with a driver who has liability insurance with limits that are lower than the injured party's underinsured motorist coverage limits.
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