Generally, when a traffic accident occurs, it is essential to speak with the insurer of the aggressor’s vehicle in order to receive compensation. Although it is a complicated situation, it can be resolved with common legal means. But what happens when the offender does not have automobile insurance?
IS IT NECESSARY TO HAVE INSURANCE FOR VEHICLES IN CANADA?
Yes, it is required. The law specifically requires it with the purpose of reducing debt, anguish, and loss of time when a traffic accident occurs.
Vehicle liability insurance speeds up the legal process
As stated in the Compulsory Automobile Insurance Act, under the heading “Compulsory Automobile Insurance Act”:
2 (1) Subject to the regulations, no owner or lessee of a motor vehicle shall,
(a) operate the motor vehicle; or
(b) cause or permit the motor vehicle to be operated,
on a highway unless the motor vehicle is insured under a contract of automobile insurance.
“WHAT SHOULD I DO IF THE OTHER DRIVER DOES NOT HAVE INSURANCE IN A TRAFFIC ACCIDENT?”
1. Call the authorities to raise a police report of the accident.
2. Take all the information from the driver of the uninsured car.
3. Collect tangible evidence.
4. Report the incident.
CALL THE AUTHORITIES TO RAISE A POLICE REPORT OF THE INCIDENT
Generally, people who do not have vehicle insurance try to solve the matter as quickly as possible. If the aggressor was driving an uninsured vehicle, he will try to establish a deal, even offering money as a bribe to the victim.
Victims should never accept this money because doing so would relieve the offender of any responsibility for the accident, and would make it harder to get anything done by legal means.
Furthermore, a friendly settlement cannot measure the true extent of property damage and personal injury to each individual. Nor can the nature and origin of the damage be determined. It may be that the person does not have insurance because they are illegal in the country or because they are engaging in other kinds of illegal business.
So, accepting a spoken agreement dispels the opportunity to get fair compensation, and leaves the door open for potential breaches of the law in the future.
TAKE INFORMATION ON THE OTHER DRIVER
The victim must take the name, address, telephone number, brand/model of car, license plate number, and any other information that helps the victim to contact their aggressor later.
COLLECT TANGIBLE EVIDENCE
Once the victim has the information, they should document the scene, the position of the cars, the orientation of the road and take photos of the material and personal damages caused. Recollecting this evidence will help the victim to get fair compensation.
FIND A LAWYER TO REPORT THE INCIDENT
A car accident injury lawyer in Medicine Hat can sue the victim’s aggressor on their behalf; the lawyer calls the aggressors to answer for the damages they caused to the victim, and for breaching the mandatory vehicle insurance law of the country.