What if You Become Injured By An Uninsured Motorist?

The auto insurance system in Ontario has many integrated protections aiming to provide compensation to those injured in motor vehicle accidents. All motorists in the province must carry minimum liability insurance of $200,000. However, most typical auto insurance policies bear the Family Protection Endorsement, which protects motorists without an official liability insurance policy when they cause an accident. The Family Protection Endorsement provides coverage equal to your policy’s liability limits to the at-fault motorist (who did not have an official liability insurance policy). This coverage comes into effect to serve as the at-fault motorist’s coverage should have had from the outset. The coverage itself will match the liability amount that your policy bears. For example, the Family Protection Endorsement will provide liability coverage up to $500,000 if your policy is a $500,000 policy. In addition to coming into effect when the other motorist has no insurance, it also comes into effect when the other motorist has insufficient insurance. Suppose you have $500,000 in liability coverage. In that case, the at-fault motorist has a $200,000 liability policy, and your damages claim exceeds the $200,000 limit available to the at-fault motorist. Your policy will fill the void: anything between $200,000 and $500,000, provided your claims are verifiable in that particular amount. As is true in all cases, you must still prove your claims.

Even if you do not own a vehicle and do not have auto insurance, a last-resort fund exists to provide minimum coverage. For example, let us assume that a vehicle jumps the curb of the sidewalk on which you are walking and runs you over, and you learn that the driver did not have insurance and had stolen the vehicle. In this situation, you could qualify for coverage by the Motor Vehicle Accident Claims Fund (MVACF) in a claim of up to $200,000; this $200,000 figure is the minimum, mandatory policy limit in Ontario. Furthermore, you could still qualify for statutory accident benefits through the MVACF. The coverage for accident benefits matches what it would have been for any insured motorist or pedestrian.

You need not worry if the motorist was uninsured, had stolen the vehicle or was impaired when they struck you. Established protections enable you to advance your claims and receive compensation. Contact a personal injury lawyer at McNally Gervan to find out more.