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What Happens When You’re Hit by a Driver Who Has Been Denied Coverage?

Car accident

Let’s say you are involved in a car accident that was completely the fault of the other driver, you sue the at fault driver and then you find out the car was stolen, or the at fault driver did something that caused his/her insurance to deny them coverage. Without an insurance company stepping in to defend against your claim and to pay for any proven damages, where are you supposed to get paid from? The answer, like most answers to legal questions – is it depends.

If you have your own valid car insurance at the time of the accident, and your policy includes an OPCF (Ontario Policy Change Form) 44 Endorsement, you may have recourse through your own insurance company. What this Endorsement means is that it gives you protection against uninsured or underinsured at fault drivers, including those who were denied coverage rendering them technically uninsured. Usually, this Endorsement ‘mirrors’ your own policy limits, meaning that if you have $1,000,000.00 in 3rd party liability policy limits, your own insurer will then provide $1,000,000.00 in coverage to potentially compensate you on behalf of the uninsured at fault driver.

But what if you don’t have your own car insurance either? What if you were a cyclist or pedestrian and got hit by a car whose driver was denied coverage, or even fled the scene? You may then have some recourse through the Motor Vehicle Accident Claims Fund (MVACF) which is a publicly funded source of compensation for car accident victims who don’t have any insurance companies to go after. You can apply for accident benefits, some property damage compensation, and up to $200,000.00 for your injuries and treatment from the MVACF.

Call your insurance company today and make sure your policy includes an OPCF 44 Endorsement to protect yourself and your loved ones in case of a car accident with an uninsured driver.

It is important to be aware of your options when dealing with these kinds of situations and to consult a professional lawyer who has can inform you of what options are available to you and which ones serve you best. Please contact our team at JEWELL RADIMISIS JORGE LLP for a free initial consultation at 1 (855) 546-2525.

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