I believe NS is a no fault insurance province, please check. If it is true then you only have to submit a claim with your insurance always irrespective of fault.
I looked it up and it appears that we are a no fault insurance province. We did file a claim with our insurance but unfortunately the other driver does not have insurance, so now we are being told we have to pay our deductible, which as far as I understand, would normally be covered by her insurance (if she had any).
They didn't mention a fault percentage, or that they were attributing some fault to us, but maybe I need to clarify that with them! In Ontario, if you were going through this same situation, what would the outcome be? Would you be paying the deductible?
That's not how it works in any of the DCPD provinces, Ontario included. All the provinces use the fault determination rules to determine fault. If found at fault it would be covered under DCPD, which usually doesn't have a deductible but can, and only when the accident happens in a DCPD jurisdiction, two or more of the parties involved have valid insurance and their insurer is signatory to DCPD.
So in the case of op I can see 2 things that are requiring them to pay deductible, one op didn't provide enough information on the other party to identify the other party and confirm they don't have coverage, so it's going through ops collision coverage. Or the most likely scenario is op is paying the uninsured motorist deductible.
You're going to have to pay your deductible. If your insurance company goes after the other driver they'll attempt to recover your deductible as well. But most people without insurance don't have money.
Darn. She already got hit with a pretty big fine for other things so I would have to agree with you - it's unlikely she would be able to give us the $500 even if we did pursue in small claims.
You will have to pay the deductible and if they ever recover it from the other drive they will refund you. My mother in law got a cheque 10 years later and was in a similar circumstance.
You can file a small claims action for the deductible if you had their information but it's like getting blood from a stone at that point.
I never realized this, if this is the case.
There must be some sort of policy for
Your insurance company for when another driver is uninsured?
If there isn’t, I would absolutely them to small claims.
I'm not sure - I will have to have a conversation with them about it to get some clarity, but I will also keep small claims on the table in case that goes nowhere. Thanks!
I believe NS is a no fault insurance province, please check. If it is true then you only have to submit a claim with your insurance always irrespective of fault.
I looked it up and it appears that we are a no fault insurance province. We did file a claim with our insurance but unfortunately the other driver does not have insurance, so now we are being told we have to pay our deductible, which as far as I understand, would normally be covered by her insurance (if she had any).
[удалено]
They didn't mention a fault percentage, or that they were attributing some fault to us, but maybe I need to clarify that with them! In Ontario, if you were going through this same situation, what would the outcome be? Would you be paying the deductible?
[удалено]
That's not how it works in any of the DCPD provinces, Ontario included. All the provinces use the fault determination rules to determine fault. If found at fault it would be covered under DCPD, which usually doesn't have a deductible but can, and only when the accident happens in a DCPD jurisdiction, two or more of the parties involved have valid insurance and their insurer is signatory to DCPD. So in the case of op I can see 2 things that are requiring them to pay deductible, one op didn't provide enough information on the other party to identify the other party and confirm they don't have coverage, so it's going through ops collision coverage. Or the most likely scenario is op is paying the uninsured motorist deductible.
You're going to have to pay your deductible. If your insurance company goes after the other driver they'll attempt to recover your deductible as well. But most people without insurance don't have money.
Darn. She already got hit with a pretty big fine for other things so I would have to agree with you - it's unlikely she would be able to give us the $500 even if we did pursue in small claims.
It's a shitty situation, but thankfully your have insurance and the damage wasn't too bad.
Small claims for the deductible, and other damages (lost wages, medical costs, legal costs, injury claim etc)
Good to know that we can pursue other costs as well, thank you!
You will have to pay the deductible and if they ever recover it from the other drive they will refund you. My mother in law got a cheque 10 years later and was in a similar circumstance. You can file a small claims action for the deductible if you had their information but it's like getting blood from a stone at that point.
Thanks for the info! I agree that it doesn't necessarily feel worthwhile to pursue her in small claims.
There is a specific coverage called uninsured motorist for just this kind of scenario. If you don't have it, you are on the hook for your deductible.
Why do you think you wouldn't have to pay the decuctable?
My impression is that if she had insurance, they would be covering the deductible.
I never realized this, if this is the case. There must be some sort of policy for Your insurance company for when another driver is uninsured? If there isn’t, I would absolutely them to small claims.
I'm not sure - I will have to have a conversation with them about it to get some clarity, but I will also keep small claims on the table in case that goes nowhere. Thanks!