Getting injured in a car accident is hard enough but it’s even more stressful when the driver who caused it has no insurance. Fortunately, Ontario’s car insurance system offers protection in these situations. Here’s what you need to know.
Your Own Insurance Covers You First
Ontario has a no-fault accident benefits insurance system, which means your auto insurance provides benefits for medical and rehabilitation expenses, income replacement, attendant care and housekeeping regardless of who caused the crashed. You’re entitled to these accident benefits even if the at-fault driver has no insurance or if it was a hit-and-run.
Can I Still Sue the At-Fault Driver?
Yes, if your injuries are serious, you can sue the at-fault driver but collecting money from an uninsured driver is difficult. That’s where your own insurance can step in again.
- Uninsured Motorist Coverage: All standard Ontario auto policies include Uninsured Motorist Coverage, which lets you claim compensation for pain and suffering, lost wages and medical costs not covered by accident benefits. Coverage is usually capped at $200,000, unless you’ve purchased more.
- Family Protection Coverage (OPCF 44R): If you added OPCF 44R to your policy, this increases your protection when the other driver has no insurance. It lets you recover up to the same amount you’d be entitled to if the other driver had proper coverage.
What If I Don’t Have Insurance?
If you were a passenger, pedestrian or cyclist involved in a car accident and both you and the at-fault driver don’t have your own insurance, you may be able to claim through:
- A family member’s policy
- The Motor Vehicle Accident Claims Fund
What is the Motor Vehicle Accident Claims Fund?
The Motor Vehicle Accident Claims Fund is a last resort for people injured in car accidents involving uninsured or unidentified drivers. It can provide:
- Statutory accident benefits
- Up to $200,000 in compensation through a lawsuit
Applying to the Motor Vehicle Accident Claims Fund can be complex, so it’s best to speak with a personal injury lawyer first.
You Still Have Options
Even if the driver who hit you was uninsured, you’re not out of luck. Between your own policy and the Motor Vehicle Accident Claims Fund, you may still be able to recover the compensation you deserve for your injuries.
Get Help from Beckett
We help people across Ontario get compensation after serious car accidents even when the other driver has no insurance. If you have been in a recent car accident, contact us today for a free consultation.
