Section D provides compensation for injuries caused by an uninsured or unidentified driver
Can you sue someone who does not have insurance? Can you recover damages when the identity of the driver who hit you is unknown? Unfortunately, not every driver has adequate insurance coverage, and some flee the scene of an accident without identifying themselves (commonly referred to as a “hit and run”). Fortunately, the injured party has options for financial recovery in situations like these.
An uninsured automobile is one that is operated or owned by someone without insurance that covers bodily injury liability or property damage liability for its ownership, use or operation.
An unidentified automobile means the identity of either the owner or driver cannot be ascertained. A court may consider a driver who speeds off after an accident, and whose identity is unknown, to be operating an unidentified automobile.
If you have insurance on your own vehicle, or if you are a dependent and someone in your household has insurance, you can seek recovery for your damages under the Section D (Atlantic provinces) or Section 5 (Ontario) portion of that automobile insurance policy. If not, you can still seek recovery from organizations called the Facility Association or Motor Vehicle Accident Claims Fund.
Have questions for our team?
Frequently Asked Questions
- Can I sue the driver who hit me if I didn't get their name or insurance information?
- How much can I receive under Section D or Section 5?
- Can I recover more than the Section D or Section 5 policy limits?
- Will my insurance premiums go up if I make a claim against Section D or Section 5?
- Who is covered under Section D and Section 5 insurance?
MacGillivray Law is a personal injury law firm with offices in Nova Scotia, New Brunswick, and Newfoundland and Labrador. We serve clients all across Canada.
If you cannot travel to one of our offices, we will accommodate your circumstances and travel needs. We can provide a consultation by phone, Zoom, or FaceTime, or travel to meet you in your home when required.
If you would like to learn your legal options at no obligation, contact us today to set up a free consultation.