It’s a sad truth that car accident victims often end up in a battle with their own insurance companies just when they need them the most.
A man moved from Nova Scotia to Ontario four years ago. He had registered his car and bought insurance while he was still in Nova Scotia. Before he left for Ontario, he spoke to a representative of his insurance company and discussed his move, however expressing the concern that he wasn’t sure that he would be staying in Ontario permanently. As such, he did not officially change his insurance coverage.
The Car Accident
Unfortunately, a few months after his move, he was involved in a motor vehicle accident in Mississauga, suffering injuries serious enough that he sued the driver of the vehicle that hit him. However at the same time, his insurer informed him that his policy was voided retroactive to the date he had moved. The insurance company claimed they had never been advised of the change of residence.
This fact complicated his attempts to sue the other driver, whose lawyer argued that his lawsuit should be dismissed because of his effective lack of insurance. Luckily, the judge decided in favour of the man and in a recent decision, allowed his lawsuit to go forward.
Two Lessons to be Learned
There are two lessons to take from this situation.
- Make an official, written and documented report to your insurance agency of any changes that it would consider a change to your risk category – meaning residence, type of vehicle, or any other material changes.
- You need competent and experienced legal advice. Many insurance companies will do anything to get out of paying a claim and you need someone in your corner.
Let Us Help
When you’ve been in an accident, you’ve got a lot on your mind – let us help you sort through the issues.
- Contact the experienced motor vehicle accident lawyers at Petrillo Law today for a free consultation.
We Focus On Car & Motor Vehicle Accidents
Petrillo Law has been providing competent, caring legal advice to car accident victims in Mississauga, the Greater Toronto Area (GTA) and across Ontario for over 20 years. We can evaluate a case to determine whether it meets the provincial threshold required to start a lawsuit as well as represent injured people who have been denied accident benefits by their own insurance company.