So… you were in an accident. And if that weren’t bad enough, the person who hit you has no insurance. Now what?
Many people assume that if you are injured by an uninsured driver that you are out of luck and unable to make a claim for your injuries. That’s just not the case.
In Nova Scotia, through your own personal insurance policy, you are entitled to make a claim when injured as a result of an uninsured or unidentified driver. This is often referred to as a “Section D claim. This particular section of your policy will respond to your claim if you are injured in a hit and run accident or if the other driver was not carrying valid insurance at the time of your accident.
When making a Section D claim, your own insurance company steps into the shoes of the uninsured or unidentified driver and responds as if they were the third party insurer. The process is the same as any other claim and could result in negotiations with an adjuster or lawyer, discovery examinations and potentially trial.
The difference with a Section D claim is that, once the matter is settled, your insurance company then has the right to proceed against the at fault individual personally (i.e. the uninsured driver). You are required to cooperate with your insurance company to assist in their recovery and may be required to attend Court proceedings.
If you have been injured by an uninsured or unidentified driver it is important to report the accident to the police as well as your own insurance company as soon as possible. One of our motor vehicle accident lawyers would be happy to speak with you if you have any questions.