Both insurance companies and the government want motorists on the road to travel in a vehicle that has been insured. Consequently, there exist various ways for covering the damages caused by an uninsured or underinsured driver.
What happens if a resident of Ontario gets hit by an uninsured driver?
Hopefully, that same resident does have a car insurance policy. Assuming that is the case, the person’s own insurance pays up to $200,000, in the event that there are no other available policies. If someone else can be shown to be partly responsible for the accident, that person’s policy can be tapped, in order to pay at least a part of the $200,000.
What happens if the same resident gets hit by an underinsured driver?
In that case, the person at the wheel of the hit and damaged vehicle has been covered by a provision in the law known as OPCF-44R. Most residents of Ontario refer to that provision by using its more recognized name: Family Protection Coverage.
Personal Injury Lawyer in Oakville know that provision was designed expressly to cover drivers that might become victims of an underinsured driver. Now if a family’s own policy has a low limit, and that family get hit by another driver with a low limit, the Family Protection Coverage remains unavailable to the same family. The provisions in OPCF-44R do not apply if two drivers have matching limits, and both are quite low.
What rules apply to any residents that get hit by an unidentified driver?
Each such resident should make an effort to learn as much as possible about the vehicle that was driven by that unidentified driver. Any information obtained should be shared with the police. That will make their job easier, as the police are expected to track down that unidentified driver.
In the meantime, any damages or injuries that resulted from the collision need to be handled in some fashion. Damage must be repaired; a medical condition must be treated. For that reason, anyone that has been hit by an unidentified driver needs to hire an attorney. Lawyers understand how to work with the police, in hopes of locating the responsible party. Their cooperation can aid the effort to obtain a fair compensation for the innocent victim.
Ideally, the driver that tried to avoid detection gets found. Once that driver has been found, he or she can be asked to present a story to the victim’s lawyer. Normally, the two parties meet together at a location chosen by the plaintiff’s/victim’s lawyer, and each party presents its view of the accident. The lawyer can record their statements and replay them for the insurance company. It then becomes the insurer’s job to provide the plaintiff with a fair compensation.