Car accidents can be stressful and overwhelming, but when the at-fault driver doesn’t have insurance, the situation becomes even more complicated. As an experienced personal injury lawyer in Toronto, ON, I’ve helped many clients navigate these often difficult scenarios. Here’s what you need to know about uninsured drivers and how it can impact your car accident claim.
Ontario’s Mandatory Insurance Laws
In Ontario, it is illegal to drive without valid car insurance. The Financial Services Regulatory Authority of Ontario (FSRA) requires all drivers to carry a minimum level of insurance coverage, including third-party liability, accident benefits, direct compensation property damage (DCPD), and uninsured automobile coverage. Despite this, some drivers take the risk of driving uninsured, leaving innocent accident victims in a precarious position when an accident occurs.
How Uninsured Drivers Impact Your Claim
If you are involved in a car accident caused by an uninsured driver, you may be wondering how to recover damages for your injuries, vehicle repairs, and other losses. Fortunately, Ontario’s insurance system includes protections for such scenarios:
- Uninsured Automobile Coverage: Your own auto insurance policy likely includes uninsured automobile coverage. This coverage steps in to compensate you for injuries and damages caused by an uninsured or unidentified driver (e.g., a hit-and-run). If you are unsure, it is best to reach out to your current insurance provider for a copy of your policy to be clear on what it does and does not cover.
- Accident Benefits: Regardless of who is at fault, you can access accident benefits through your insurance policy. Ontario works with a ‘no fault’ insurance system. This doesn’t mean there is no one at fault for the accident, but that you work with your own insurance company to cover the costs of the accident. These benefits provide compensation for medical expenses, lost income, rehabilitation, and other costs related to your injuries.
- Tort Claims Against the Driver: While you do have the option to sue the uninsured driver for damages, this route is often impractical. Many uninsured drivers lack the financial resources to pay a settlement or judgment, making it difficult to recover compensation through this avenue.
Steps to Take After an Accident with an Uninsured Driver
If you’ve been hit by an uninsured driver, it’s crucial to act quickly and carefully to protect your rights:
- Call the Police: Report the accident to the police and obtain an official accident report. This document will be essential for your insurance claim.
- Document the Scene: If possible, take photos of the accident scene, your injuries, and the damage to your vehicle. It is also helpful to gather contact information from any witnesses.
- Notify Your Insurance Company: Inform your insurance provider about the accident as soon as possible. The uninsured driver may try to convince you not to go through insurance, especially if the accident was minor, but what happens if you don’t report a car accident to your insurance? You can hurt your ability for future claims and negate your insurance policy. It is important to provide all relevant details and cooperate fully with their investigation.
- Consult a Personal Injury Lawyer: Navigating an uninsured driver claim can be challenging. A knowledgeable personal injury lawyer near you can help you understand your rights, explore all available avenues for compensation, and ensure that you receive the benefits you’re entitled to.
Dealing with an uninsured driver can be frustrating, but you don’t have to face it alone. With the right legal guidance, you can protect your rights and secure the compensation you need to move forward. If you or a loved one has been injured in a car accident caused by an uninsured driver, reach out for a free consultation with a personal injury lawyer in your area, they will be able to help you navigate this challenging time with confidence.
