If you are injured in a motor vehicle accident due to the fault of an uninsured or unidentified driver (hit and run), your damages will be assessed similarly to a typical car accident claim. This means that you can claim compensation for your injuries, lost work, and future care costs, loss of housekeeping, and out-of-pocket expenses.
However, Section D and Section 5 in their respective insurance policies state that the insurer is only required to pay up to the minimum coverage limit for a contract set out in that policy for any one accident.
The limit minimum in New Brunswick, Prince Edward Island, Newfoundland and Labrador, and Ontario is $200,000, while in Nova Scotia it is $500,000.
The standard policies in each of these provinces set out what limit applies where an accident occurs in a jurisdiction other than the province in which the automobile is insured. In this instance, the insurer is required only to pay a total amount that is the lesser of the minimum limit for motor vehicle liability insurance coverage in the province where the accident occurred, or in the province in which the automobile is insured. This limit applies per accident, and therefore, where more than one person is injured, the limit applies to damages paid out to all injured parties together.
Here are some examples to highlight the above scenario:
- I have an automobile policy in Prince Edward Island (limit of $200,000) and I am injured in a motor vehicle accident by an unidentified driver in Nova Scotia (limit of $500,000), the maximum amount of damages that I can receive for this accident remains $200,000.00.
- I have an automobile policy in Nova Scotia (limit of $500,000) and I am injured by an uninsured driver in Prince Edward Island (limit of $200,000), the maximum amount of damages that I can receive for this accident remains $200,000.00.
The amount you can be awarded for Section D or 5 is limited by your coverage amounts. Still, some insurance companies may try to deny you these benefits or offer a lower amount than what you deserve. Additionally, if you have family protection endorsement coverage, you may be entitled to more. A lawyer can hold insurance companies responsible in cases where you are entitled to these benefits.
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