Victim of car accident may seek compensation for damages from own insurer if at fault drivers does not have coverage

November 11, 2015, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

The Brant News recently reported on a multi car crash that occurred after a driver tried to elude police, caused a fiery four car collision, assaulted a driver and then attempted to steal another vehicle.  The multi vehicle crash occurred at the intersection of Dalhousie and Colborne Streets in Brantford.

If the driver that caused an accident does not have auto insurance coverage, there are a few options for the innocent victims of the car accident that wish to bring a claim for damages arising from the injuries.  For anyone that is covered by auto insurance, they would be able to make a claim for damages caused by the party without insurance against their own auto policy.  All auto insurance policies provide for the owner of the policy to bring a claim against their own policy where they were hurt by an at fault driver who is uninsured or underinsured.  The injured party would be entitled to bring a claim that is generally limited by the amount of liability coverage.  Most policies will have coverage of $1 million of liability coverage.  It should be noted that where the at fault party does have liability coverage, if that coverage is not sufficient to pay for damages from your accident, then you would be entitled to bring a claim against your own insurance policy if the amount of your own liability coverage exceeds $1 million.  Your claim would be for the excess amount above the coverage of the at fault party.  You are not permitted to stack policy coverage where the liability coverage is the same.  For example, if the at fault party has coverage of $1 million and the injured party has coverage of $2 million, where the damages exceed $1 million, the injured party can bring a claim against their own insurance policy for up to an additional $1 million.


Posted under Car Accidents, Chronic Pain, Fractures, Pain and Suffering, Personal Injury

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Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit or call us toll-free at 1-866-414-4878.

The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.

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