Five Top Questions about Car Accidents
Q I had a car accident but it was only my car. Am I at fault?
A In Canada we have fault and no fault insurance. In all provinces and territories except Saskatchewan, Manitoba and Quebec there is a right to sue under the fault system. Under the fault systems, you are at fault. Someone has to be and the road can not be held responsible.
Q I had a car accident and I was driving. Can I sue my insurance company?
A No, you cannot sue yourself. You do have Section B coverage, otherwise known as Accident Benefits, and this will help cover your costs for lost wages and immediate medical needs. You will have coverage for the ambulance, physiotherapy, massage therapy, prescriptions, etc.
Q I had a car accident and I have group insurance through my work. Who pays my ambulance bill?
A The group plan will pay out first. If you have a group plan with a certain amount per year then it could be used up completely before the insurance coverage steps up. Yes, this could leave you without any benefit coverage for the balance of the year. Whatever expenses are not covered by the group plan will be picked up by the Accident Benefits coverage to the stated limits. Different provinces/territories have different limits.
Q What if my friend is driving my car and has an accident? What if someone is killed in the car accident?
A You lend our your vehicle and you lend out your insurance. Your insurance will pay out to the limit of the liability (PLPD) that you have purchased. If you do not have enough then you can be brought into civil court for a judgment against you for the balance. At this point your friend would likely be named in the lawsuit and both of you could end up facing financial ruin. Be very careful about lending out your vehicle.
Q What happens if I lend my vehicle to a suspended driver? How do you know if someone is suspended?
A Hopefully they did not get into an accident. If that driver is pulled over driving your vehicle it will likely get impounded. This can be for 30 days and you will be held responsible for impound fees. If that driver had an accident operating your vehicle you would be facing a very ugly situation.
The insurance requires that the vehicle be operated by a qualified driver. Remember, just because a person has a license in their pocket it my not be in force. Some examples of why your license could be suspended include too many convictions adding up to high demerits, failing to maintain child support and by court order due to driving under the influence.
You may find yourself in a situation where you should not be driving. Take a taxi rather then trust a driver you do not know.
Tuesday, March 2, 2010
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