Car Accident - Not at Fault with Uninsured Motorist

[Slowpoke]

Hi all,

I got into an accident about 2 weeks ago. Long story short, she was pulling out of a plaza making a left turn, while I was going straight. My insurance company (Belair) told me that it was not my fault and it would not affect my policy. However, I have a $1000 deductible, and because it wasn't my fault, they lowered it to $500 initially before they decided if it was my fault or hers. Belair found out that she was not insured because the other driver didn't pay her monthly premiums on time. So now Belair is saying that I have to pay a $300 deductible first, then wait to see if they can get any money back from her before they can send me a refund. I would like to know if this is true? They said it's the law in Ontario, however based on principle, if it's not my fault I don't think I should have to pay anything. If anyone can shed some light on this, it would be much appreciated.

 

[Josh]

I presume you're not referring to Ontario, NY and instead referring to Ontario Canada so I don't know how much experience folks will have with that (basically everyone on this board is in the States).

In the US that's pretty much exactly how this will play out. The person that hit you is on the hook for making you whole, you were responsible enough to have insurance coverage that is paying even though the other person didn't have insurance coverage at the time of the accident. Yes it sucks to pay a deductible, but ultimately this is the result of the person that damaged your property not picking up the tab.

 

[moonlightandmargaritas]

...it's the law in Ontario, however based on principle, if it's not my fault I don't think I should have to pay anything.

Wouldn't it be nice if life was guaranteed to be fair?

 

[Norwayguy]

Wouldn't it be nice if life was guaranteed to be fair?

Actually it would be nice and if your aunt had balls she would be your uncle.

 

[djs]

Assuming you are referring to Canada, I can't answer. In the US, it works a bit differently in that you would pay your full deductible to get the repairs done and then, if any recovery is made, you would get a prorated portion back based on the recovery.

Be thankful that you only have to pay $300. I know its not fair.

Also, don't count on getting this back. Be surprised if you get it back in 6 months. If they couldn't afford to pay the insurance bill, its unlikely they have the cash to pay the repair bill.

Dan