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Can you sue someone who is uninsured?

By Sophia Koch |

Your injuries must result from a motor vehicle accident that occurred in Alberta. The accident must have been the fault of another person. In cases involving uninsured at-fault vehicles, you must commence a lawsuit in an Alberta Court against all persons and corporations that could be liable for the accident.

What happens if third party is not insured?

What if the accident was your fault? Even if the other party is uninsured, if the accident is your fault then you’ll be responsible for their repair costs. This should be covered by basic third-party insurance, however, repairs to your car will only be covered under comprehensive insurance.

Can a car insurance company sue an uninsured driver?

If they truly are uninsured, your insurance company can’t file a claim against them — like the saying goes, you can’t squeeze water from a stone. Insurance companies work by filing claims against other insurance companies, so if there isn’t one, there’s literally no way for the insurance company to recover damages.

How can I claim compensation if I was hit by an uninsured?

If you have third party insurance you may find that you can make a Motor Insurance Bureau claim for your accident and injuries. The difficulty of making a claim after being hit by an uninsured driver is that they do not have any insurance in place to pay out your compensation.

Do you have an underinsured / uninsured personal injury case?

Every insurance company has a duty to handle claims in good faith. If your insurance company takes an overly adversarial approach to your uninsured/underinsured motorist claim, it may have violated its duty to handle your claim in good faith. Do You Have a Personal Injury Case?

When to file a claim against an uninsured driver?

If you have reason to believe that the driver who hit you is uninsured, you should give your insurer notice as soon as possible, letting them know that you intend to file an uninsured claim. Learn more about reporting an incident to your insurance company.