What Happens If Someone Crashes Your Car Without Insurance – Because people break the law, all insurance policies in the provinces with private insurance include uninsured motorist coverage.Thomas Eckstadt/Getty Images/iStockphoto
I have a neighbor who canceled his insurance during COVID-19 but started driving without it. I think there are more people like that out there. So what happens if my car gets hit by one of these idiots without insurance? Am I still covered? Are there coverage limits? – Suresh, Hamilton
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What Happens If Someone Crashes Your Car Without Insurance
As long as you have insurance, you have coverage if an uninsured driver hits your car—but there may be limits.
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“If you can identify the vehicle and the driver confirms they don’t have insurance, then provincial policies give you some coverage,” says Pete Karageorgos, director of consumer and industry relations at the Insurance Bureau of Canada (IBC). “You must notify the authorities as soon as possible as they must investigate.”
But because people break the law, all insurance policies in the provinces with private insurance include uninsured motorist coverage.
This does not mean that you have unlimited coverage in a collision with an uninsured driver; it will depend on the cover you bought.
“Ontario’s auto insurance policy states that uninsured motorist coverage will pay up to $25,000 for accidental damage to the vehicle and/or its contents, subject to a $300 deductible,” said Hans Reidl, vice president of above, claims for Economic Insurance, in e-mail. “If you have optional collision or disturbance coverage, your policy will cover more than that up to the limit of liability.”
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So if your Tesla is worth $70,000 and is hit by an uninsured driver, you would pay the deductible and be covered for $24,700 under the policy.
If you bought collision coverage, most companies would cover the remaining $45,000 – even though collision coverage usually only covers damage to your car when you’re at fault.
If you file a collision claim after being hit by an uninsured driver, you will also see your rates increase, even though you were not at fault.
If it’s a hit-and-run where you don’t know who hit you, then it would be treated like a normal insurance claim and you’d be covered, Reidl says.
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Insurance rules vary by province, but in most provinces your collision insurance covers damage to your vehicle if you are hit by an uninsured driver.
Here’s where it gets even more complicated. In Ontario, you would be covered by the accident benefits on your policy in any accident, whether you hit someone, someone hits you, or a rock falls on your car.
For catastrophic injuries, such as paralysis or serious brain damage, you can sue the at-fault driver for lost wages and additional medical treatment.
If that driver does not have insurance, then you will use the uninsured motorist coverage on your policy up to the $200,000 limit.
What To Do After A Car Accident That Was Not Your Fault
If the damage to your vehicle and your injuries are more than $200,000, 95 percent will go to the injuries and 5 percent to the loss of the car.
For example, if your $20,000 car is destroyed in an accident and you and your spouse need $350,000 in accident benefits, your insurance company will pay $190,000 for your injuries (95 percent of the total) and $10,000 for the loss of your car.
This is true even if you have a $1 million liability on your policy—unless you’ve purchased optional family protection coverage, which is usually under $50 a year. In Ontario it is called OPCF 44R.
Insurance rules vary by province, but in most provinces your collision insurance covers damage to your car if you’re hit by an uninsured driver.
What To Do After A Car Accident
The rules for compensating for injuries caused by uninsured motorists vary in other provinces. In Alberta, for example, your insurance provides up to $50,000 in benefits for two years after an accident. If you run out of that cover or if you have no insurance, you can use the Motor Accident Compensation (MVAC) scheme.
“The MVAC program then provides medical benefits up to a limit of $95,000 per individual,” said Jerrica Goodwin, spokeswoman for the Alberta Treasury Board, in an email.
Have a question about the car? Send it to [email protected]. Canada is a big country, so tell us where you are so we can find an answer for your city and province.
Stay up to date with all our Drive stories. We have the Drive newsletter covering car reviews, innovative new cars and the ups and downs of daily driving. Apply today. Insurance can be confusing. The policies are usually quite complicated, leaving the police with many questions. With auto insurance, this can be particularly complex and can involve some unique situations. Some policyholders are in situations where they wonder what will happen if someone else crashes their car.
What To Do After An Accident That’s Not Your Fault
Auto insurance, a contract between you and an insurance company, covers you against financial loss in the event of an accident or theft. Six common auto insurance options are:
If someone other than you (the primary insured) was behind the wheel, you may still be covered. The general rule is that car insurance covers the car, not the driver. Therefore, if a friend has borrowed your car, your car insurance will be the primary policy in the event of a collision. However, some conditions must be met:
The insurance component that is included depends on the damage. For example, damage to your vehicle will be covered by collision insurance, while an injury to another driver will be covered under auto liability coverage.
Juries are smarter than most lawyers give them credit for, and as drivers themselves, they understand that many parties may be at fault to a greater or lesser degree. . . .#SchwedLawFirm #accidentattorney #personaljuryattorney #jurytrial #caraccident #comparativenegligence pic.twitter.com/IUV2mGc0Rz — Schwed Law Firm (@schwedlawfirm) April 8, 2022
Madison Car Accident Lawyers
Your friend’s policy will not be primary damage coverage. However, if the primary insurance runs out, your friend’s policy can be used as secondary cover.
There are other cases where your policy may not cover damage or injury, for example if the accident was not your friend’s fault. Financial responsibility would fall on those who are guilty.
If your friend or family member borrowed your car without your permission (which can be quite difficult to prove), they will be liable for the damage, not you. Similarly, if the driver didn’t have a license or was driving under the influence, your policy likely won’t cover that damage.
If the claim is covered by your policy, your premiums may increase. These are general insurance rules, but not all policies are created equal. Some cheaper auto insurance policies may exclude other drivers, even if they are members of your family. If you purchase an independently reviewed product or service through a link on our website, Rolling Stone may receive an affiliate commission.
What Happens If Someone Else Crashes Your Car?
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You let your friend borrow your car when the (almost) unthinkable happens – they cause a car accident. Not only can this ruin your friendship, but it can also weigh on your wallet in the form of higher car insurance premiums.
So who pays when your friend crashes your car? If it was their fault, the onus usually shifts to you and your car insurance. It may seem unfair, but this is generally how auto insurance works. Auto insurance usually covers the vehicle, not the driver.
Therefore, if a friend borrows your ride, your car insurance — not your friend’s car insurance — is usually the primary coverage for any incident involving your car.
What To Do After A Car Accident That’s Not Your Fault In Michigan
Let’s say your friend is responsible for an accident that causes $7,500 in damage to your car. In this situation, collision coverage (if you have it) will likely cover the repair bill for your car (minus the deductible). Meanwhile, your liability coverage will take care of fixing damage to other people’s property (such as other people’s vehicles) and paying medical bills for other people’s injuries.
Your friend’s car insurance policy will generally not be in effect when he is driving someone else’s car. However, your friend’s policy may be secondary coverage if you have maxed out the dollar limits on your policy to pay for damages and injuries sustained in the accident.
For example, if an accident with your friend behind the wheel results in $15,000 in damage to the other driver’s car, but the liability section of your policy limits property damage coverage to $10,000, your friend’s policy can be used to cover The $5,000 canceled.
But when it comes to auto insurance, there are often exclusions — exclusions that can affect your friend’s collision coverage. For example, some auto insurance policies exclude other drivers, including relatives who live with you, unless the policy lists those drivers by name. This is extremely cheap to cover the sale of a substandard insurance company. Reputable insurers do not limit coverage to just the primary driver or any other driver listed on the policy.
Can You Sue Someone For Hitting Your Car Without Insurance?
The good news: If your friend didn’t cause the accident, financial responsibility for damages and injuries can shift to
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