If you are injured by a person driving an uninsured vehicle or if the driver is unidentified (e.g. the driver flees the accident scene without identifying themselves), and you begin an action against your own insurance company to receive your Section D or Section 5 benefits, this will not be considered an “at fault” accident and will not be recorded on your insurance record or affect your premiums.
If, after having made a claim through your Section D or Section 5 coverage, you see that the insurance company has considered it an at-fault accident and increase your premiums as a result, you can reach out to your insurance company and ask them to reconsider their decision. If they are unwilling to do so, many insurance companies have an ombudsman that you can contact to have decisions reconsidered. If, however, you are not happy with the outcome that you have received from your insurance company, you can contact the governmental authority in insurance matters.
In New Brunswick, you can contact the Consumer Advocate for Insurance.
In Newfoundland and Labrador, you can contact the Office of the Superintendent of Insurance.
In Nova Scotia, you can contact the Office of the Superintendent of Insurance.
In Prince Edward Island, you can contact the Office of the Superintendent of Insurance.
In Ontario, you can contact the Financial Services Regulatory Authority of Ontario.
It is important to recognize that provincial governments do not regulate insurance agencies.
If you are still unsatisfied with the decision of the respective provincial authority, you may contact the General Insurance OmbudService.
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