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Ontario Car Insurance and the Law
In Ontario, if you own an automobile that is operated on an Ontario road or highway, you are required by law to purchase mandatory car insurance coverage. Third-Party Liability coverage protects you if you are held legally responsible for bodily injury, death or damage to the property of other individuals as a result of driving a vehicle. Third-Party Liability provides protection by making payment up to policy limits and pays the cost of settling legal claims if a lawsuit is filed against you. The legal minimum for Third-Party Liability coverage in Ontario is $200,000, but most people purchase $1-$2 million.
Every person injured in an automobile accident in Ontario is entitled to receive benefits from their insurance company, regardless of who caused the accident. Accident Benefits coverages are mandatory for all auto insurance policies in Ontario according to the Ontario Insurance Act. If you are eligible, you may qualify for several kinds of accident benefits:
• Income Replacement – compensates you for lost income if you become disabled
• Caregiver Benefit – pays certain childcare or other caregiver expenses if the stay at home parent or other caregiver is unable to care for a child or other persons in need
• Non-Earner Benefit – provides compensation if you are unable to carry on a normal life and do not qualify for Income Replacement or Caregiver Benefit
• Medical and Rehabilitation Benefits – pay for medical and rehabilitation expenses that are not covered by OHIP or another disability insurance plan
• Attendant Care Benefit – pays for someone to look after a seriously injured person
• Funeral Expenses & Death Benefits – paid if an insured person dies as a result of an accident
Uninsured automobile coverage is the third mandatory insurance coverage in Ontario. Uninsured automobile insurance provides protection to you and your family if injured or killed by an uninsured driver or a hit and run driver. It also covers damage to your vehicle and contents caused by a driver who is an identified but uninsured.
Direct Compensation Property Damage is the final compulsory coverage of your car insurance policy. This protects you against damage to your car or its contents in the event of an accident when you are deemed not-at-fault. Coverage under this section will only apply if the accident took place in Ontario, there was at least one other vehicle involved in the accident, and at least one of the vehicles is insured by a company in Ontario. Direct Compensation Property Damage allows you to collect directly from your insurer for damages to your car and contents if someone else is responsible for the accident.
What is “No-Fault” Car Insurance in Ontario?
“No-fault” insurance is the current system used in Ontario. “No-fault” insurance means if you are injured or your car is damaged in an accident, you deal with your own insurance company, regardless of fault. No-fault car insurance speeds up the claims process since you go directly to your own insurance company to receive payment as opposed to waiting for the insurance companies to decide who was at-fault in order to receive payment.
In every single car accident, someone is always established as the “at-fault” driver, whether they are partially at-fault or 100% at-fault by the insurance company. Determining fault ensures proper coverages apply to an accident and makes sure the at-fault drivers premiums are adjusted properly. In Ontario, all insurance companies refer to “Fault Determination Rules” to determine fault for car accidents and property damage claims. These rules can be applied to almost every possible collision scenario regardless of road or weather conditions, visibility, and point of impact on the vehicle or the actions of pedestrians.
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