NO_FAULT Insurance - Whose fault is it ?

calmom
Sat, 12 Jul 2008 02:51:23 +0000

Seth, what if your car had been totalled because a tree fell on it? You wouldn’t be covered because you didn’t buy comprehensive coverage. Sometimes accidents happen and it is not anyone’s fault.

In your case, you chose to forego buying coverage that would have paid for your vehicle without regard for fault, and you also chose not to buy additional insurance when taking your car to a different country. So it is definitely not your insurance company’s problem.

That leaves you with the recourse that you can hire a lawyer in Ontario to bring a lawsuit against the driver of the other vehicle. Whether or not the courts will hold that person liable is a matter of Canadian law.