I was involved in an auto accident in Ottawa, Ontario CANADA - where another lady (resides in the Province of Quebec), turned in front of me.....totally destroying my car. THE LADY WAS CHARGED WITH FAIL TO YIELD under Ontario law. My car insurance will give me $8000. for the totalled car. I was injured with severe bruises...cuts and abrasions but NO broken bones. I was taken to the hospital by amulance - spent 4 hours in emergency with Xrays to my chest, wrists, knee and an ECG examination. My insurance will only provide me with a replacement car (rental)) for 7 days - which expires today.The other driver who resides in Quebec - and WAS NOT INJURED IN THE CRASH - has filed the accident with her Qubec insurance company - the same insurance company as mine in Ontario. The Quebec Insurance act provides that when a QUEBEC resident is involved in an accident in ONTARIO - I have a right to sue - and can claim for personal injury and loss of property. I have advised the Quebec insurance company that for me to replace my car, which has been written off by the insurance and would have cost $11,000 to repair - which the 2005 Toyota Echo is not worth that much. My question....is I want the QUEBEC insurance to pay for another rental car for my me, as I need a car for my business..... I think that is TOTALLY fair in view of the factt that I might later sue for damages etc. In replacing my 2005 Toyota with a similar car - a 2008 toyota the same kind.....will cost me ANOTHER $4,000. ABOVE the insurance settlement for $8,000. I THINK THAT THE QUEBEC INSURANCE SHOULD PAY THE DIFFERENCE SEEING I HAVE NOT BEEN AT FAULT....AND REPLACEMENT WILL COST ME OVER $4000.! I think it would be to THEIR advantage to settle this a fair way - seeing I would probably get judgment later on for OTHER COSTS INCLUDING two days of lost sick leave that I had to take after returning from the emergency in the hospital. WHAT DO YOU ADVISE?Rod Lahay in OTTAWA
calling the other insurance agency who was misinformed as to WHERE the accident happened. THEY thought it happened in ther province of Quebec which might not allow me anything due to the no fault insurance in that province. They have not offered me anything yet....and i NEED a car for my work. My insurance has given me a free week of a rental car....which expires today..
Hello, sorry to hear about this very bad accident. Hope you are okay.As the accident happened in Ontario, Ontario law applies. Although you did not ask, I would recommend that speak to a personal injury lawyer immediately. From what you have said, it sounds that you may be entitled to accident benefits. You may also be entitled to sue the other driver. But this is a very complicated area of law so you need to speak to a personal injury lawyer right away.Also, it is a good idea not to negotiate anything or sign anything with the insurance company without speaking to a lawyer first.Now about your question - Ontario is a no-fault jurisdiction so the fact that the accident was not your fault is actually irrelevant. So you cannot claim against another insured driver or that driver's insurance company. You have to deal with your own insurance company. It's weird but that is how it is.You may want to try negotiating the value of your vehicle. You will have to research the value of vehicles similar to yours and show it to your insurance company. However, once you and your insurance company have settled on the value of the vehicle, that is all that you will be entitled to. I hope that helped. Let me know if you have any more questions. Otherwise please click accept so that I can get paid.All the best.
thank you so much....your rofessional lcomments are well taken! I think that my Edge in all of Is, (according to th Quebec Insurance Act), is that they make it clear to drivers in Quebec, that:"....if a Quebecer is at fault for the accident, he or she may be sued in the courts of the jurisdiction where the accident occurred for compensation of bodily injury and property for the damage cause...."it is important that Quebecers lwho expect to operate a motor vehicle elsewhere in Canada and the United States check with their insurer that the amount of liability insurance coverage the will have in the jurisdiction is sufficient to pay for all property damage a d bodily injury caused to other parties."In Quebec, unlike Ontario - they are required to have a minimum of $50,000.If I understand you- it may not be possible to sue her for the difference I will have to pay above the insurance settlement - to replace my car. THAT is not fair to the non - resonsible person like me.
Unfortunately even if you were to sue her, you would still have this issue. You are only entitled to the value of your car at the time just before the loss. If you sued her in court, her lawyer would likely make the same argument.Quebec law may be different but Quebec law does not apply to accidents in Ontario, even though a Quebecer is involved. That's why it is better to argue, if possible, that your insurance company valued your car too low.
Lawyer in Ontario, Canada