May 30, 2017
When You’re in an Accident with an Uninsured Motorist
Most of us don’t expect to find ourselves in vehicular accidents with uninsured motorists. You purchased and paid for insurance, and expect other motorists to be responsible and law abiding and do the same. Unfortunately, there are still people who find themselves involved in accidents with other vehicles who have no insurance.
In Ontario, uninsured motorist coverage is mandated by statute. This means even if you are involved in a collision with someone who has no insurance, you are protected by your own policy and may still recover money for your injuries. In addition, to the uninsured coverage under your policy, there is also coverage incorporated for underinsured vehicles. This means that in certain situations where the other driver has not purchased enough coverage to pay for your injuries, you may have additional coverage available under your own policy.
If you are a pedestrian involved in an accident with a vehicle that has no insurance, and you have no insurance of your own, you may be able to claim under the Motor Vehicle Accident Claims Fund.
If you are involved in an accident with a car that you believe is not properly insured, it is important to take these steps:
1. Call the Police
It’s always a good idea to call the police to come to the scene of an accident, but it is especially important if the other driver involved is uninsured or has left the scene of the accident. If you file for damages, having police records can make the claims process much easier. Your lawyer can help you access these records. Police and accident reports, in addition to medical records and auto repair bills, will strengthen your case.
2. Exchange Information
Exchanging information is especially crucial; look at each others’ identifications and make sure you have a way to follow up with or track down the other person involved. This is the best way to find out if the driver is uninsured. Also, get contact information from eyewitnesses; their testimonies can help your claim.
3. Call Your Insurance Provider
Call your insurance provider as soon after an accident as possible.
If you are involved in a collision with an uninsured, unidentified, or underinsured motorist, thoroughly document the entire incident. Know your rights and which steps to take. It is important to speak to a lawyer to understand your rights and what you are entitled to. If you live in Ontario, Canada, you call Michelle Linka Law at (416) 477-7288 to get help with building your case.