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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 98932
Experience:  Lawyer
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My son was in an accident last night Aug30/16 at 5:30pm. he

Customer Question

my son was in an accident last night Aug30/16 at 5:30pm. he was rear ended while stopped. he phoned his after hour contact(Crawford) for perth insurance company. they organized the tow and set up his rental car and said his rental would be covered. he went to collision centre this morning and his car is a write off. he found out at 10am this morning that perth cancelled his policy as of Aug29/16 at 12:01am due to a lack of payment on July20 and Aug20/16. The other driver is at fault and can we sue her in small claims court for his 2012 volkswagon?
Submitted: 8 months ago.
Category: Canada Law
Expert:  Debra replied 8 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 8 months ago.

I am sorry to hear this.

Did he get a registered letter advising him that his insurance was going to be cancelled?

Customer: replied 8 months ago.
they said they sent him 2 and they were never picked up. he said he didn't get them
Expert:  Debra replied 8 months ago.

Did they try sending them to his house and he wasn't home?

Did he not get notices of a registered letter?

Or did he and he just ignored them?

Customer: replied 8 months ago.
they sent to his house and he or nobody else were there
Expert:  Debra replied 8 months ago.

But notices would have been left to pick up the letter. Did he ignore them?

And did they make an error with the payments or did he simply not pay for some reason?

Customer: replied 8 months ago.
nsf and maybe they blew away!
Customer: replied 8 months ago.
I loaned him the money in May for the car. he has no loan against it. We paid $13500 for car. Are we out of luck trying to recoup money/ wll he be charged for no insurance?
Expert:  Debra replied 8 months ago.

I was hoping the can get them to continue coverage but unfortunately this sounds like this was your son's fault and not theirs.

He can sue the other driver who was at fault.

That driver will have insurance to cover this because all insurance policies do cover situations where an at fault driver damages an uninsured car.

If the police discover he was driving without insurance the owner of he car will be charged for sure.

But that has nothing to do with him suing.

He was not at fault so he can sue the driver of the other car who will then report this to their insurers.

Does that answer your question?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Debra replied 8 months ago.

I have to correct my answer.

I just did some further research and he cannot sue.

Expert:  Debra replied 8 months ago.

Because there was a car that was not insured and insurance is mandatory and because we have a no fault system he cannot sue at all.

I am sorry about that.

Expert:  Debra replied 8 months ago.

Is there anything more I can help you with at this point in time?

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