In the province of Ontario, if you are involved in an accident, you are found to be at fault and the costs and/or damages are found to be above what your insurance liability coverage amount is you can be held liable and sued for the difference in costs between your coverage and any costs resulting from damages caused by the accident.
Your auto insurance policy defines the limits of damages your coverage entails. The minimum is $1million worth of liability insurance. Of course, you have the option of holding more coverage and the average person carries $2million.
Can Someone Sue You for a Car Accident if You Have Insurance
In Ontario, in any circumstance of an automobile accident where injury or damage to property are involved the driver is required by law to file a police report and notify your broker, agent, or insurance company within one week’s time. If an accident is not reported to the insurance company within a reasonable amount of time they may not be responsible for honoring your claim.
Once an accident has been reported it begins the claims settlement process. You will be asked some general information by the insurance company. It would help to have this information handy when you call.
- The car registration, make, model, year and license plate number, vehicle identification number, insurance company, and insurance policy number of the vehicle you were driving.
- The car registration, make, model, year and license plate number, vehicle identification number, insurance company, and policy number of the other vehicle(s) involved.
- The accident’s date, time, and location.
- Any injuries were reported at the time of the accident.
- If there were any passengers involved and if so, how many.
- Your assessment of damage to the vehicle.
- A personal description of the accident.
- The police report number as well as the name and badge number of the attending investigator if the accident was reported to the police.
If You and Your Insurance Company Disagree
The Financial Services Commission of Ontario (FSCO), has services available to consumers and insurance companies to help settle disputes and accident claims with mediation. If you find yourself at odds with your insurance company regarding a claim or an accident settlement amount, FSCO has a Dispute Resolution Service with a mediation process that can provide a cost-effective alternative to court. They have made a copy of the Dispute Resolution Code available online or by mail at their website. Or you can call for mediation inquiries at (416) 590-7210, or Toll-Free 1-800-517-2332.
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