NO_FAULT Insurance - Whose fault is it ?

Sethcolby
Fri, 11 Jul 2008 22:26:45 +0000

Dear Parents/Students:

Can someone kindly give me some advice. Recently we travelled to Ontario,Canada for a short visit. Outside of Toronto traffic stopped but the driver behind me didn’t, and totalled our car. We live in the US and our car was only insured one-way ( no comp and collision I guess is the technical insurance term ) because it was an older model.

I have a hard time collecting damages - the car was written off by our insurance co (ALLSTATE)'s canadian office. But Ontario is I think a NO_FAULT auto insurance state, meaning you collect damages from your own insurance regardless who’s at fault. Since my coverage was one-way, ALLSTATE is stalling, and when I called the guilty party’s insurer in Canada they said I must go through my own insurance. What are my options ? The accident report said I was not at fault.

It might be “cool” if you live in Ontario and hit or got hit by another Ontario driver. But I imagine you will have problem with cars from other canadian provinces which do not have no-fault policy, not to mention cars from US.

Is this NOFAULT only between 2 NOFAULT policy holders ?

If you are an atthorney or have gone through similar experience, please advise!

Thank you in advance