Under Ontario law, if an uninsured driver hits you, your own policy protects you through the Uninsured Automobile Coverage (OAP 1). You can claim up to $200,000 CAD for damages, but you must report the accident to the local police within 24 hours.
Getting into a motor vehicle collision on busy roads like Hurontario Street or the QEW is incredibly stressful. Finding out that the at-fault driver has no insurance or fled the scene can cause even more panic. Fortunately, Ontario operates under a system designed to ensure you are not left paying the bill for someone else’s negligence.
Every standard auto policy in Ontario includes mandatory coverage for this exact scenario. 📍 Whether you live in Port Credit, Erin Mills, or anywhere else in Mississauga, you have legal options to seek compensation for your injuries and vehicle damage. Here is a clear guide on what to do next.
Step-by-Step Process in Mississauga
When dealing with an uninsured motorist, the actions you take immediately following the crash are vital. Failing to follow strict Ontario protocols can jeopardize your claim. Here is what you should do.
Step 1: Report to the Peel Regional Police
If the other driver cannot provide proof of insurance, or if it is a hit-and-run, you must contact the Peel Regional Police immediately. 🚨 Ontario law requires you to report collisions involving uninsured drivers within 24 hours. Obtain a police report number, as your insurance company will demand this evidence.
Step 2: Notify Your Insurance Provider
Even if the accident was not your fault, you must inform your own insurance company within 7 days. Under the Ontario Automobile Policy (OAP 1), your provider steps in to act as the at-fault driver’s insurance company. They will guide you on how to start your claim.
Step 3: Apply for Statutory Accident Benefits (SABS)
Regardless of who is at fault or whether the other driver is insured, you are entitled to Accident Benefits. 💰 You must submit an OCF-1 (Application for Accident Benefits) within 30 days of receiving the forms. This will cover your immediate medical bills, physiotherapy, and a portion of your lost wages.
Step 4: Pursue Uninsured Automobile Coverage
To recover compensation for pain and suffering or property damage, your lawyer will help you make a claim under Section 265 of the Insurance Act. Your insurance company will cover the damages that the uninsured driver would have legally been responsible for paying.
What Are the Claim Limits and Costs?
You might wonder how much you can actually recover when the at-fault driver is financially completely unaccountable. 💵 Here is a breakdown of the standard limits in Ontario.
| Coverage Type | Standard Limit in Ontario | Who Pays? |
|---|---|---|
| Uninsured Automobile Coverage | Up to $200,000 CAD | Your own insurance company |
| Statutory Accident Benefits | Up to $65,000 CAD (Standard) | Your own insurance company |
| Motor Vehicle Accident Claims Fund (MVACF) | Up to $200,000 CAD | Ontario Government (if you have no policy) |
If you were a pedestrian or a cyclist with absolutely no auto insurance of your own, you can apply to the MVACF, a provincial fund of last resort. Most personal injury lawyers handle these claims on a contingency basis, meaning no upfront fees are required to start your case.
How Long Does the Process Take?
In Ontario, the statute of limitations for personal injury claims is generally two years from the date of the collision. ⏱ While you can access accident benefits within weeks to pay for immediate treatments, a lawsuit against your own insurer for uninsured motorist coverage can take 1 to 3 years to settle, depending on the severity of your injuries.
Frequently Asked Questions (FAQ)
Will my insurance premiums go up if I use my uninsured motorist coverage?
Generally, if you are deemed 0% at fault for the accident, claiming uninsured automobile coverage will not increase your insurance premiums in Ontario.
What happens if the uninsured driver is caught?
The uninsured driver will face severe penalties under the Compulsory Automobile Insurance Act, including fines up to $25,000 CAD. Your insurance company may also attempt to recover the money they paid you directly from the at-fault driver.
Does this coverage apply to a hit-and-run?
Yes, hit-and-run accidents fall under the same Uninsured Automobile Coverage, provided you report the incident to the police immediately and there is independent evidence of the collision.
Do I have to pay a deductible for property damage?
Yes, under OAP 1, there is typically a $300 CAD deductible for damage to your vehicle when hit by an identified uninsured driver. If the driver is unidentified (hit-and-run), property damage is usually not covered under this specific section, but your standard collision coverage might apply.
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