What If Your Injury Claim Is Not Covered?

Most states in Canada have some system for the ensuring compensation to the driver that was hit by a non insured driver. Still, not every state has made such provisions. Hence, someone that got hit by a non-insured driver while in such a state could find that his or her injury claim was not covered. What other situations might trigger the same response from the other driver’s insurance company?

Reasons why the victim of a collision might not be covered

• The other driver’s insurance policy has lapsed.
• That particular policy does not cover this type of accident.
• The same policy does not cover accidents in that specific location.

So, how should you proceed if you get that response? Should you just give up and try to deal with your losses? No, you must demand more information. This is how you go about making that demand.

Steps to take after learning that your claim is not covered

Contact the insurance company and ask for a written explanation for the lack of coverage. Give the exact provisions of the insurance policy that was sold to the other driver. Those would be the provisions that have been shared with you, because, at this stage, you probably do not have a copy of that particular policy.

Wait for a response to your request. If it becomes obvious that there will be no response, then write a letter to the insurance company. Share the information that you have been told by the adjuster. Be sure to make several copies of that particular letter, before mailing it. Hope for a positive response. If you fail to get one, you must consider taking legal action.

Steps to take if you plan to pursue legal action

Work with a Personal Injury Lawyer in Vaughan to get a copy of the other driver’s insurance policy. Study what it says. Maybe the adjuster had generalized from a stated exception and had assumed that it applied to your case. Meanwhile consider other people that might have been partly responsible for the accident. Had someone changed or hidden a traffic sign? Had any of the involved vehicles undergone some type of routine maintenance in the recent past?

Look into the possibility that one of the vehicles involved had a defective part. If that were the case, you might be able to sue the manufacturer or the seller. With your lawyer’s help, seek the records of from the other driver’s cell phone company. See if his or her phone was being used at the time of the collision. Even if the other driver was not using it at that time, he or she might have been distracted enough to become careless and neglectful.

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