Uninsured and Under-insured Motorist Coverage

If you are injured or have had a loved one killed in a motor vehicle accident, you can sue the at-fault party for damages.  Anyone involved in a motor vehicle accident is also entitled to make a statutory accident benefits claim against their vehicle insurance policy or the policy of a driver involved in the accident.  This applies to pedestrians and cyclists who were struck by a motor vehicle, as well as any drivers or passengers. 

When automobile accident insurance coverage is inadequate, uninsured and under-insured motorist coverage seeks to bridge the gap. Uninsured motorist coverage and under-insured coverage are two distinct and separate insurance concepts, and only the former is automatically provided with Ontario vehicle insurance.

Uninsured Motorists

Uninsured automobile coverage protects you if you are in an accident where the at-fault party is uninsured or if the other party cannot be identified, for example, if you were run off the road by someone who did not remain at the scene or were the victim of a hit and run crash. If a person is involved in an automobile accident where the driver who was 'at fault' for the accident has no insurance, then the victim has access to the statutory uninsured motorist coverage provided by their own vehicle insurance policy. The same is true if a person is involved in an accident where the driver of the at-fault vehicle is never found or could not be identified.

As per the Ontario Insurance Act , all drivers are statutorily mandated to have uninsured motorist coverage in the amount of $200,000 as part of their ordinary automobile insurance policy. When there are multiple plaintiffs the amount of coverage is shared amongst them.

In order to prevent fraud, accidents must be reported to police within 24 hours. Anyone who wants to make a claim against their insurance policy for unidentified driver benefits must also inform their insurance company in writing within 30 days of the accident.The claim must outline the circumstances of the accident,a description of injuries and resulting losses, Upon request, the claimant must produce any medical reports that document the nature and severity of their injuries and expected duration of their recovery or disability. 

The vehicle involved must be made available to the insurance company for inspection, immediately if they so desire. The insurance company may waive some of the notification conditions depending on the severity of the accident and the plaintiff's injuries. Uninsured motorist coverage is limited by or even unavailable to a person if their damages can be recovered from another insurance policy or a third-party insurance policy.

The difficulty in determining damages payable through uninsured motorist clauses stem from accidents that result where there is no physical evidence or corroborating evidence of eyewitnesses. Tire tracks may be the only physical evidence that show that the vehicle in question was effected by another vehicle that caused the accident, but this can be sufficient to trigger the coverage.  

A person driving with a suspended driver's license is in breach of their insurance policy and is in effect an uninsured motorist. If you are involved in an accident with such a driver, they could be denied coverage. An accident victim who was involved in an accident caused by an uninsured driver is entitled to uninsured motorist coverage.

Underinsured Motorists

Underinsured motorist coverage can provide a second level of coverage for you and participating family members should the other driver be found to be 'at fault' and the dollar amount of vehicle insurance coverage is insufficient to satisfy the damages claimed. Underinsured motorist coverage is additional insurance coverage that a person can purchase and unlike uninsured coverage, is not mandated by law or automatically provided in Ontario vehicle insurance policies. 

Because of the complexities of dealing with uninsured or underinsured defendants, you may wish to consult with a knowledgeable personal injury lawyer who can help you to get the insurance benefits to which you are entitled.  Unfortunately, insurers sometimes delay or deny legitimate claims and you may require strong legal representation by someone who is well experienced in resolving denied insurance claims. Call Injury Lawyers of Ontario to discuss your case and learn about your best options for successful resolution.