Using our roads as a motorist, passenger, pedestrian or cyclist comes with the risk of being involved in a car accident and, in some cases, sustaining injuries. Unfortunately, most of these incidents occur due to negligence and carelessness on our roads. To make matters worse for accident victims seeking damages, some of these negligent persons operate without insurance, which is illegal.
What do you do when injured in an accident caused by an uninsured driver? Who do you sue for compensation?
Before you panic or assume there’s no recourse in such or any other situation, contact Bergel Magence Personal Injury Lawyers for legal advice. Fortunately, there are ways to obtain compensation even when injured by an uninsured driver.
Ontario Uninsured Motorist Claims
As per the provisions of the Compulsory Automobile Act, every car operated on Ontario roads must have insurance coverage. This ensures that every person can be fully compensated in case they are involved in a car accident and sustain injuries. Unfortunately, not everyone is law-abiding; some drivers ignore this mandate and drive around without auto insurance.
So, what happens if you’re injured by an uninsured driver in Toronto?
In Ontario, every insurance policy contains mandatory uninsured motorist coverage, which pays up to $200,000 in damages. Therefore, if an uninsured driver injures you in a car accident, you can turn to your auto policy provider for compensation. This is why coverage is essential, as it ensures your losses and damages are covered no matter the circumstances. Also, one can sue the liable uninsured driver for any injuries and damages suffered.
On the other hand, uninsured drivers involved in accidents cannot file a personal injury lawsuit. This is per the provisions of the Ontario Insurance Act.
If an uninsured driver injures you as a pedestrian, passenger or cyclist, you can claim compensation from your automobile insurance policy. In case you don’t have insurance, you can claim benefits from the insurance provider of the vehicle in which you were a passenger or any other insurer of any insured vehicle involved in the accident.
If your vehicle and others involved in the accident don’t have insurance, you can claim compensation (up to $200,000) for your injuries from the Motor Vehicle Accident Claims Fund (MVACF). This is usually a last resort when there’s no recourse to auto insurance. It ensures that every accident victim receives the much-needed benefits to cover medical costs and other expenses.
At Bergel Magence, we are committed to pursuing compensation for accident victims in Toronto. Our uninsured motorist lawyers have years of experience and can help you obtain what you deserve. Call us today for a free, no-obligation consultation.
Ontario Underinsured Motorist Coverage
In some cases, the liable driver may be underinsured. This means that their insurance policy is limited and cannot cover all the expenses, losses and damages you’ve incurred. In such a case, you can claim compensation from your insurer. Every policy includes underinsured motorist coverage, which provides compensation if your limit exceeds the liable party’s limit.
If you’re involved in an accident with an underinsured driver, it’s important to seek legal advice. An experienced personal injury lawyer can help you recover additional compensation to cover all the damages suffered.
Damages Available in Uninsured or Underinsured Car Accidents
If you sustain injuries from an accident caused by uninsured or underinsured motorists, you may be entitled to damages from your insurer under the uninsured or underinsured coverage. Also, you may be entitled to no-fault statutory accident benefits.
The damages provided to injury victims are divided into two categories, i.e., economic and non-economic damages. Some of them include the following:
- Medical bills
- Rehabilitation costs
- Income replacement benefits
- Loss of earning capacity
- Pain and suffering
- Caregiver costs
- Attendant care benefits
Recouping your losses and damages from your insurer may prove more complex when an uninsured or underinsured liable party is involved. Therefore, it’s best to enlist the services of experienced injury lawyers in Ontario to fight for the maximum benefits you deserve. Keep in mind that there are strict statutes of limitations to making an injury claim.
At Bergel Magence, you don’t have to worry about upfront legal fees. Our client’s needs always come first, which is why we only get paid if we recover your benefits. Get in touch today to schedule a free assessment of your claim.
Get Help from Ontario Car Accident Lawyers
Dealing with your insurance provider can be overwhelming and stressful, especially after sustaining injuries in accidents caused by uninsured or underinsured motor vehicles. Enlisting our experienced personal injury lawyers allows you to focus on your well-being as we fight for the benefits you deserve.
Let us protect your rights, offer personalized legal advice and guide you through the claim process. Call us today to experience our hustle-free personal injury legal services in Ontario.
What happens if you’re injured when driving without insurance?
If you are injured when driving a motor vehicle without a valid insurance policy, you may still receive certain benefits as compensation. However, the consequences of driving without a license are drastic. Here are some of them:
- You may be ineligible to receive income replacement benefits from your insurer
- You may face charges for driving without insurance
- If convicted of driving without insurance, you may face serious penalties, i.e., a fine of between $5,000 and $50,000
- You lose the right to sue another party if they were negligent
What steps do I take if I’m in an accident?
If you’re in an accident with an uninsured vehicle, do the following:
- Call the police.
- If you’re physically able to, take pictures of the scene, including all the vehicles involved in the accident.
- Gather information about the accident from witnesses and get their contact information.
- Get medical attention for treatment and documentation of your injuries
- Alert your insurance provider that an uninsured motorist hit you
- Call Bergel Magence for legal advice
Why is uninsured motorist coverage mandatory in Ontario?
Uninsured motorist coverage is mandatory in Ontario to ensure that persons injured in accidents caused by uninsured drivers have recourse to get compensation for resulting losses and expenses. Without uninsured auto coverage, injured persons would have to cover medical expenses and other damages out of pocket.