Our lawyers can help you determine whether you have a viable claim and we can identify the correct party to name in a lawsuit. There are several possible answers, including:
- The first and most common party to sue in a lawsuit is the driver responsible for the collision. If you are one of the drivers involved in a two-vehicle collision, this generally means the other driver. If you are a passenger in a vehicle, it may be the driver of the vehicle you were in, the other vehicle’s driver, or both drivers. In collisions involving multiple vehicles, several individuals may be found at fault. This is a very detailed analysis that must be done in each and every case.
- The next most common defendant in a car accident lawsuit is your own car insurance company. All auto insurance contracts in Ontario include provisions allowing you to name your own insurer as a defendant if the at-fault driver is unidentified, uninsured, or under-insured. Under-insured motorist coverage may apply if your insurance policy’s limits are greater than those held by the defendant and if you have sustained significant damages.
- Another potential defendant is the Motor Vehicle Accident Claims Fund, which is maintained by the province. It may be named as a defendant only in circumstances where no other insurance coverage is available; for example, when an uninsured pedestrian or cyclist is struck in a hit-and-run and the at-fault party is never identified. The Fund cannot be sued if the injured person has their own insurance coverage, or if the injured person is a dependant of someone with insurance.