Q: Two days ago a truck slid into the back of my car and the R.C.M.P. just confirmed that the other vehicle was uninsured. My wife and I suffered injuries and we were wondering, where do we turn now?
A: Unfortunately, it has become an all too common occurrence that our clients are being injured by uninsured drivers in this Province.
Luckily, your own automobile insurance policy provides coverage for all sums which you would otherwise have been legally entitled to recover from the owner or driver of the uninsured truck.
Falling under the Section “D” portion of your policy, this is also the part of your policy which would provide you (and your passengers) coverage if your vehicle was struck by an unidentified automobile or if you were unknowingly a passenger in an uninsured vehicle which ended up in an accident.
The Section “D” portion of your policy contains numerous limitations and exclusions, including provisions setting fairly rigorous timelines for notifying your own insurer that you will be making a claim for injuries and for filing a Proof of Claim form with your insurer.
Once you are paid out, your insurer will generally bring an action in your name against the owner and driver of the uninsured (or unidentified) vehicle.
If you are considering making a claim under your own insurance, you might want to contact a personal injury lawyer sooner rather than later to discuss your obligations to ensure you are not barred from bringing your claims in the future.