If you or a loved one has been injured in a motor-vehicle accident caused by an inadequately insured, uninsured or unidentified driver, contact a top personal injury lawyer from Ontario to advise you on the process of filing a compensation claim. Ontario’s current laws that deal with uninsured or under-insured motorists are quite complex, technical areas which require an understanding of the critical differences between these different situations. The coverage norms and regulations are confusing even to experienced top Toronto personal injury lawyers, plaintiffs and defendants. Compensation claims are covered by an insurance policy which arise out of a contract and not a tort, thus making it imperative that  your personal injury lawyer has the domain expertise in all these areas.

Uninsured or Unidentified Motorist

This is covered under Section 265 of the Insurance Act. Ontario laws entitle anyone injured in a motor-vehicle accident to claim compensation from an at-fault driver, subject to thresholds and deductibles. Additionally, statutory benefits are available regardless of fault. However, when the at-fault driver is uninsured or it’s a hit-and-run case, it’s impossible to collect insurance from the at-fault party. In such cases there is a provision under Ontario laws, to trigger your own auto policy, and if you know how to find the best accident injury lawyer, they can assist you with the entire claims process and ensure that your rights are protected.

Sec 265 of the Insurance Act which mandates that all insurance policies must have uninsured coverage. Hence, in such a situation, your own insurance company steps into the shoes of the uninsured or unidentified at-fault motorist and your injuries can be compensated to a maximum limit of $200,000. Another limitation is that S 2(1)(c) of Regulation 676 of the Insurance Act mandates that if the insured is entitled to recover money under third-party liability, the insurer is not liable to make any payment.

Under-insured Motorist

Ontario allows you to purchase an optional insurance cover OPCF 44R or Family Protection Coverage and it is not mandatory like S 265. If your injuries were caused by an accident involving an under-insured motorist, and if the claims and expenses are more than what the at-fault party’s insurance coverage allows, then the if OPCF coverage is available, it can be stacked over and above the $200,000 available under the mandatory S 265 coverage.

How We Can Assist

Ontario’s insurance regulations provide coverage to any “eligible claimant” – this means the insured person who has directly been injured in the accident or anyone else with a derivative cause of action related to injuries suffered by an insured person. Our experienced accident injury lawyers can assist families of those killed in accidents to file a claim.

Many injured victims may wonder, “Should I hire a personal injury lawyer?” especially when the compensation is being paid out by their own insurers. However, dealing with insurance companies can be challenging and their primary focus would be to minimize pay-out and contest the extent of injuries. Our top-rated accident lawyers can ensure that your rights/interests are protected at all times.

If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333 or Text a Personal Injury ‎Lawyer 24/7 and get instant help. (416 931 5015)