MVA KIT UPDATES
This page updates the Motor Vehicle Accident Kit to give you some guidance on changes to the law since the Kit was edited. As stated in the kit, many situations are unique and this is a changing area of the law. You are therefore strongly urged to seek legal advice from a lawyer. This update is provided for general and does not constitute legal advice. (What would a lawyer be without a disclaimer?)
NO FAULT ACCIDENT BENEFITS LIMITATIONS
The Court of Appeal has recently decided that the limitation to claim accident benefits from your own insurer commences to run when the insurer neglected to pay and did not require any positive act of denial from the insurer. This case dealt with a claim prior to the no-fault regime and the law may be different now. However, prudence indicates that you commence the mediation/arbitration process as soon as possible. See Wilson's Truck Lines v Pilot 31 O.R. 3d 127.
UNKNOWN DRIVER LIMITS RECOVERY
The Court of Appeal has determined that the family protection coverage under SEF 44 does not cover insureds for the negligence of an unknown driver. The seriously injured plaintiff's were limited to $200,000 despite having $500,000 sef 44 coverage.
For information on the kit, see The Motor Vehicle Accident Kit page.