What Happens If I Am Injured by an Uninsured Driver?

injured by an uninsured driverWhile Ontario law requires all drivers to have insurance and charges penalties for driving a vehicle without insurance, many drivers still take to the roadway uninsured. When these drivers cause a car accident, they place an undue financial burden on responsible, insured drivers.

If you were injured in an accident with an uninsured driver, the Windsor car accident lawyers at Greg Monforton and Partners are prepared to review your claim and offer legal advice in a free consultation.

Car Accidents Caused by Uninsured Drivers

There may have several options to have your damages taken care of, including filing a claim with your own insurance company, filing a personal injury lawsuit against the at-fault driver or filing a claim with Canada’s public fund established for this purpose. Since this process is often complex, it is often best to consult with a knowledgeable lawyer.  

Uninsured Motorist Coverage in Canada

Insured drivers pay a little extra each year per vehicle to have uninsured motorist coverage. A part of this payment is routed to the Ontario Motor Vehicle Claims Fund to cover claims for people who are hit by an uninsured driver.

Insured drivers who are hit by uninsured drivers fall within the “no fault” policy of their car insurance policy. This is a mandatory part of your own insurance policy, as is your uninsured motorist coverage. You can make a claim with your own insurance policy if you are hit by an unidentified motorist or an uninsured driver. You can make this claim instead of pursuing compensation from the at-fault driver. However, you may be required to pay a deductible.

Filing a Claim Against an Uninsured Driver

If an uninsured driver hits you, you may be able to file a claim against him or her for the damages that you sustained. You may need to use this option if the amount of your damages exceeds the amount of your uninsured motorist coverage.

Filing a Claim With the Motor Vehicles Claims Fund

Ontario also has a Motor Vehicle Claims Fund that compensates victims who are injured by uninsured drivers in a car accident. This fund is provided by the government. This claim can only be made if the accident occurred in Ontario. Making a claim with this fund is considered a last resort when there is no applicable auto accident insurance coverage.

To receive compensation under this fund, you and your lawyer must follow the claim process and receive a judgment. Relief is up to $200,000, for property damage, medical expenses and lost wages.

What to Do After an Uninsured Driver Hits You

If an uninsured driver hits you, try to stay calm. Then, do the following:

  • Call the police so that they can investigate the accident, possibly give a citation to the other driver and find out his or her contact information.
  • Seek immediate medical attention if you are injured.
  • Use your phone to record or photograph the accident scene. Document the damage to both vehicles, your injuries, the vehicle’s identifying information and different angles of the accident scene.
  • Contact your insurance company and begin the claims process.
  • Contact a personal injury lawyer who is experienced in handling uninsured motorist claims.

Reach Out For Legal Help

If you were hit by an uninsured driver, you have the right to be compensated for your injuries, even if the other driver acted irresponsibly by not maintaining insurance. Our legal team is ready to discuss your legal options and the potential compensation you may be eligible for during a free consultation.

We work on a contingency fee basis, so there are no upfront fees for our services and are only paid if we help you recover compensation.

Reach out anytime 24/7 at (866) 320-4770.