Unidentified, Uninsured or Underinsured Drivers

Yes. If you are injured by an uninsured, underinsured, or unidentified driver, you may still have legal options. Depending on the circumstances, you may be eligible to claim Statutory Accident Benefits (SABS) through an available auto insurer or pursue compensation through other available sources, such as the Motor Vehicle Accident Claims Fund where applicable. Tony Lafazanis can review your case and explain the options that may be available to you under Ontario law.

An uninsured driver is someone who does not have valid automobile insurance. An underinsured driver has insurance, but the available coverage may not be enough to fully compensate an injured person for their losses. On the other hand, an unidentified driver is typically involved in a hit-and-run where the driver cannot be located or identified. The legal process and available compensation can vary depending on the circumstances. Tony Lafazanis can assess your situation and explain your legal rights.

Yes. Claims involving unidentified drivers require immediate action. You are required to report the hit-and-run incident to the police as soon as reasonably possible (often within 24 hours under applicable policy conditions) and notify your insurance company as soon as possible, often within 7 to 30 days depending on the type of benefit claimed. Furthermore, under Ontario’s Limitations Act, 2002, there is generally a two-year limitation period to launch a court action. Tony Lafazanis can help ensure all statutory reporting requirements and deadlines are met.

Underinsured driver coverage, provided through the OPCF 44R Family Protection Endorsement, helps protect you if the at-fault driver’s insurance is not enough to fully compensate you for your injuries and losses. It pays the difference between the at-fault driver’s liability coverage and your own policy’s liability limit (typically $1,000,000 or $2,000,000), up to the limits of your coverage. This protection is especially important because the minimum liability insurance required in Ontario is only $200,000, which may be insufficient in cases involving serious injuries. The OPCF 44R endorsement also extends coverage to you, your spouse, dependent relatives and persons residing with you whether you are driving, riding as a passenger, walking, or cycling at the time of the collision.

In most cases, no. Tony Lafazanis handles most personal injury matters on a contingency fee basis. This generally means you do not pay legal fees unless compensation is recovered. The fee arrangement, including any applicable costs or disbursements, will be explained during your free consultation so that you understand how the process works before moving forward.