Every province throughout Canada requires each car driven on public roadways to be insured. Unfortunately, many drivers continue to operate their vehicles without any form of insurance. This is why the law requires drivers to carry uninsured motorist coverage, which provides compensation for accidents caused by a driver who does not have insurance. However, having this coverage does not necessarily make the insurance claims process easier. In fact, victims of accidents with uninsured motorists often have a lot of difficulty and become extremely frustrated while trying to recoup for the losses and damages from these accidents, including medical expenses, lost wages, pain and suffering, and property damage.
At Greg Monforton & Partners, our Windsor car accident lawyers are committed to providing aggressive representation to individuals injured due to the negligent actions of drivers without insurance. Our lawyers will seek the maximum compensation benefits available. We are well-versed in Ontario law on uninsured motorist coverage and requirements imposed on insurance companies to not act in bad faith. Partner Jennifer Bezaire has extensive knowledge of the Statutory Accident Benefits Schedule, which governs compensation for auto accident victims.
Contact our firm today for a free legal consultation. Call (866) 320-4770.
Why Do People Drive Without Car Insurance?
There are some common reasons why people operate motor vehicles without having auto insurance. For example, maybe they assume they will not get into a crash and get caught and they would rather not spend the money on coverage. This is a common excuse among young drivers.
Some drivers may know about uninsured motorist coverage and think if they cause an accident, the victim can cover his or her damages with his or her own insurance. While this may be true, it is still irresponsible on the part of the at-fault driver.
In some cases, people simply forgot or have not paid their insurance premiums. These people may not even realize they are driving while uninsured. There are also cases of people who cannot afford to buy car insurance. Some of these people think the cost of not having it is actually less than the cost of having it.
There are also situations where drivers have insurance, but it is not sufficient to pay for damages suffered by the other driver. Maybe the at-fault driver purchased the cheapest policy he or she could find because he or she could not afford a more expensive policy with higher coverage minimums.
Call Greg Monforton & Partners right now at (866) 320-4770.
Types of Damage Claims
Following a car accident with an uninsured motorist, injured victims may be eligible to pursue compensation benefits from the at-fault party through a lawsuit or by filing a claim under their uninsured motorist coverage in their auto insurance policies.
The damages available in an insurance claim are regulated by the Statutory Accident Benefits Schedule. They include the following types of benefits:
- Attendant care
- Income replacement
- Non-earner benefit
Some common forms of damages that may be awarded in a car accident lawsuit could include both economic and noneconomic damages.
Economic damages are financial losses the victim incurred as a result of his or her injuries. This includes the following losses:
- Past medical bills
- Future medical bills
- Loss of current wages
- Loss of earning capacity
- Loss of future wages
- Property damage
- Funeral expenses
- Household services
Noneconomic damages are more difficult to identify as they do not have a tangible value. These damages typically occur when accidents are catastrophic and harm the victim’s mental well-being. This includes:
- Loss of consortium
- Loss of consortium of a child
- Loss of enjoyment of life
- Loss of society and companionship
- Mental anguish
- Pain and suffering
A lawyer from Greg Monforton & Partners can review your situation to determine all forms of compensation you are entitled. Schedule your free legal consultation today.
Uninsured Motorist Insurance
The Ontario Provincial Police Highway Safety Division has stated that there are nearly 2,100 uninsured vehicles involved in accidents on Ontario roadways each year. Fortunately, your uninsured motorist coverage can pay for up to $200,000 in damages, the same limit as third-party liability coverage (Insurance Act, R.S.O. 1990, c.I.8 265). If multiple parties are involved, the $200,000 must be divided equally.
The purpose of this coverage is to compensate victims for damages they may have been able to pursue from the at-fault driver, if he or she was insured.
Just like with any other car accident insurance claim, you have seven days to notify your accident benefits insurer about the accident and a benefits application must be submitted within 30 days. You also need to notify the police within 24 hours of the crash. This is crucial if the accident was a hit and run – if you notify the police quickly they may be able to find the driver and he or she may have insurance.
Uninsured motorists can apply to the Motor Vehicle Accident Claims Fund to cover victims’ damages if no other insurance is available. If their application is approved, the Motor Vehicle Accident Claims Fund covers up to $200,000 in damages. The uninsured driver must repay the fund the amount the other party in the accident received for his or her damages. Failure to repay the fund will result in license suspension, garnished wages, or seized property.
Underinsured Motorist Coverage
In some cases, the at-fault driver may have an insurance policy that does not entirely cover all of the damages and injuries that have been caused. For example, if a victim’s medical bills total to $15,000 but the at-fault driver’s insurance company only covers $10,000, the at-fault individual is underinsured. In cases like this, the victim must seek additional help to cover the remainder of expenses. This leaves the injured victim in a situation where he or she may be struggling to pay for his or her damages.
In these types of situations, it is a good idea to speak with a lawyer and begin exploring your legal options in order to be fully compensated for all losses and damages that occurred. We welcome you to contact our lawyers to review your policy and provide guidance on the legal options which may be available to you.
Fill out our Free Case Evaluation form right now.
Statute of Limitations to File a Claim
If you have been in an accident with an uninsured or underinsured motorist, you should contact a lawyer right away so that your claim can be handled before time runs out.
In Ontario, the statute of limitations says you must file a claim within two years from the date of your injury. Once two years pass, you lose the right to file a lawsuit.
However, there is another deadline before those two years are up: You must provide the other driver written notice of your intent to file a lawsuit within three months of the accident.
Meeting these deadlines can be very difficult on your own. This is why many accident victims choose to work with a reputable lawyer in Windsor. The lawyers at Greg Monforton & Partners can handle your claim from beginning to end, from filing the notification letter to investigating every aspect of the accident. It is best to contact us as soon as possible so we can get to work on your case. This will give us a sufficient amount of time to investigate the accident and file outstanding documents.
Schedule your free legal consultation right now by completing a Free Case Evaluation form.
Contact Our Lawyers Today
The Windsor personal injury lawyers at Greg Monforton & Partners believe that if you or a loved one has been injured in a car accident caused by an uninsured motorist, you should be compensated for all losses and damages. We have helped secure fair compensation for numerous car accident victims and know how to successfully navigate the insurance claims or lawsuit process.
With our office located in Windsor, Ontario, our lawyers are able to serve clients throughout the entire province of Ontario and elsewhere needed.
Some of the Ontario locations our lawyers serve include:
- Lansdowne House
- Owen Sound
Our lawyers also serve the surrounding cities, towns, and suburbs of these areas all while operating on a contingency fee basis. This means that we will not charge you for any of our services unless a successful verdict or settlement has been met and you recover.