Every vehicle in the province is required to have insurance, but how does that insurance help you in the event that you get sued after a motor vehicle collision?
You will know that you are being sued once you are served with a document called a statement of claim. A statement of claim will outline the amount that you are being sued for, the incident you are being sued over, and details as to the injuries and damages (such as pain and suffering, and loss of income) that the injured party is claiming.
Once you have been served with a statement of claim, you should contact your insurance company immediately. Your insurance company will conduct an investigation, and hire a lawyer to defend the lawsuit on your behalf.
It is exceptionally important that you comply with the requests of your insurance company and the lawyer hired to defend you. In the event that you fail to do so, the insurance company may be in a position to deny you coverage for the lawsuit, in which case you may be required to personally pay the damages sustained by the injured party.
You will have very little involvement in the case after passing the statement of claim on to your insurance company. You may have to attend a process called an examination for discovery, where you are required to tell your story under oath, and may have to testify should the case go to trial.
Ultimately, the lawsuit against you will result in a settlement before trial or a judgment after trial. So long as you have co-operated with your insurer, they will cover all of the costs of the settlement or judgment up to your available policy limits, and any of the legal fees associated with defending the lawsuit.
If you or a loved one has been injured in a motor vehicle collision, you should contact a personal injury lawyer at Oatley Vigmond for a free consultation to determine your options.
Kevin grew up outside Perth, Ontario, where his modest beginnings shaped his underdog mentality. After earning his law degree from Osgoode Hall, he practised insurance defence before joining Oatley Vigmond, where he now uses his insider experience to help clients secure the compensation they deserve.