Making a Claim
Time limits
If you've been involved in a collision that may result in a claim, contact
your insurance representative as soon as possible. You must notify your
insurer as soon as possible (some policies specify within seven days)
about any accident involving the automobile:
- that must, by law, be reported to police; or
- for which you intend to make a claim under the policy.
Most policies state that a written declaration ("proof of loss")
must be made within 90 days of the accident. If you don't make your claim
within this time, your insurance company may not be legally bound to honour
your claim. In practice, however, most companies will honour a claim made
within one year if there is a reasonable explanation of the delay.
If you are making a claim against another driver, you should notify him
or her as quickly as possible. It's also a good idea to notify the other
driver's insurance company of the claim yourself; don't assume that the
other driver has done so.
In the unlikely event that you intend to sue your insurer, check your
contract for any time limits that may apply.
Preventing further loss
If you are involved in a collision, you are responsible for protecting
your vehicle from further loss or damage. The insurer, however, will pay
for the damage if you have purchased Collision or All Perils coverage.
You must not order repairs, other than those needed for protection of
the vehicle from further loss or damage, until the insurer has consented
or has had a reasonable amount of time to inspect the damage.
You cannot simply abandon a wrecked vehicle to the insurer without the
insurer's consent. However, when your insurer has replaced or paid for
a wrecked vehicle, the wreck or whatever is left of it (salvage) belongs
to the insurer.
You must not voluntarily assume liability (responsibility) for any collision
or settle any claim, except at your own cost.
Claims adjuster
Once your insurance company has been advised, a claims specialist –
an "adjuster" – will be assigned to look after your claim.
The amount you receive for your claim will depend on the type of coverage
you bought. The adjuster's job is to determine the facts relating to the
claim and the extent to which the claim is covered by insurance. The adjuster,
who is paid by the insurance company, also attempts to reach an agreement
with the other people involved regarding the amount of their loss and
extent of their responsibility.
When you don't have Collision coverage
If the collision was the other driver's fault, you could claim payment
of your damages from the at-fault driver. (In Ontario and Quebec, Direct
Compensation - Property Damage may apply, in which case you would claim
from your own insurer.) If it was your fault, you will be personally responsible
for your damages.
In Ontario, drivers who do not carry car insurance as they are required
by law to do cannot sue another driver to claim for reimbursement for
damage to their cars.
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