What if the At Fault Driver Has No Insurance?

Many people may be surprised to learn that Accident Benefits are extended to motor vehicle accident victims regardless of who caused the accident. Consult with a lawyer to understand your rights. Anyone injured in a motor vehicle accident, and in some circumstances their relatives or dependants, may be eligible for Accident Benefits – and the claim must be submitted to your own insurer. This means that the question of fault has no bearing on whether you are eligible for Accident Benefits, and that you must put the claim through your own insurer – therefore you are still covered, even if the other driver has no insurance.

Perhaps more interesting to some is that a claim for Accident Benefits must go through your own insurer, even if you are a pedestrian injured by a motor vehicle and your car was not involved in the accident at all, or if your car was involved but you were not the driver at the time. This is because vehicle owners who are required to purchase the standard auto insurance policy are paying for exactly this – “no-fault” protection (and don’t even know it!).

But what does this mean for those who do not own a vehicle and do not have auto insurance? In such a situation you may still be eligible for accident benefits, for instance, through the policy of someone you reside with whom you are dependent on or a spouse. An example would be a 16 year old boy who lives with mom and dad, and who does not have his own car or a policy of auto insurance. If that boy is struck by a car while walking down the street, he would make a claim for Accident Benefits through his mom’s insurance policy since she owns a vehicle and has insurance.

Changing the above facts just slightly, if the person without a car or insurance does not reside with anyone whom they are dependent on, is not dependent on anyone, and does not have a spouse, that person may still be eligible for Accident Benefits through the policy of insurance of another motor vehicle involved in the accident.

There are many situations where different policies of insurance may be accessed to receive accident benefits and even instances where multiple policies may overlap. There are also instances where there may in fact be no policy of auto insurance at all, and even then, an injured person may still be entitled to claim from the Motor Vehicle Accident Claims Fund. In any of these circumstances, there are special rules and established case law that set out the priority of policies which are required to respond to a claim. A personal injury lawyer can assist you with navigating through these legalities, and the process of making a claim for Accident Benefits.

For more information, visit our accident lawyer section. If you have any questions, book a free consultation or call 1-855-446-7765 for immediate assistance.