COVID-19 UPDATE  

Is a pedestrian struck by and uninsured bus entitled to benefits from the company insurer or from the Motor Vehicle Accident Claims Fund.

March 05, 2013, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

The plaintiff was walking when struck by a bus driven by a company driver. She applied for and received SABS benefits from the company insurer Aviva. It came to light that although the company was insured by Aviva, the bus itself was not a listed vehicle under the policy at the time of the accident although it was listed and insured some days after the accident.

Aviva now disputes its obligation to pay statutory benefits to the plaintiff taking the position she must claim uninsured motorist coverage pursuant to the Motor Vehicle Accident Claims Fund.

The Fund's position is that Aviva did not dispute its obligation to pay within the first 90 days and thus must continue to pay benefits.

The court found the plaintiff was entitled to SABS under the Regulation, not pursuant to an existing policy of motor vehicle liability insurance

You can read the entire judgement here .

 

Posted under Personal Injury, Automobile Accident Benefits, Car Accidents, Pedestrian Accidents

View All Posts

About Deutschmann Law

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 www.deutschmannlaw.com 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.

Practice Areas

  1. Car accidents
  2. Motorcycle accidents
  3. Automobile accident benefits
  4. Catastrophic injury
  5. Brain or Head injury
  6. Paraplegia and Quadriplegia
  7. Spinal cord injury
  8. Drunk driving accidents
  9. Concussion syndrome
  10. Post Traumatic Stress Disorder
  11. Business Interruption Insurance
  12. Birth Trauma Injury
  1. Wrongful death
  2. Bicycle accidents
  3. Disability insurance claims
  4. Slip and fall injury
  5. Fractures or broken bone injury
  6. Pedestrian accidents
  7. Chronic pain
  8. Truck accidents
  9. Amputation and disfigurement
  10. Fibromyalgia
  11. Nursing Home Fatality Claims

Personal Injury Blog

Aug 13, 2020
Motorcycles – How Dangerous Are They? Very.
Aug 11, 2020
Jury Trials Post COVID-19 – Is it time to review fair pay for jurors?
Aug 11, 2020
Cycling Safety Must be a Priority
Aug 06, 2020
A New Study Shows the Key to Increasing Bike Use is Street Design and Safety
Aug 04, 2020
Post-Concussion Treatment is Extremely Important in Suicide Prevention
Jul 30, 2020
Being the loved one or care giver of someone with TBI can be very challenging

More Personal Injury Articles » 
Review our services

Connect with us

Facebook Twitter Linkedin Youtube Google