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QuestionInsurance Question  My car was hit in Ontario, Canada in a parking lot. I was walking towards my car and as we were walking up to the car, a Dodge Ram was turning the corner of the aisle and hit my front bumper. She has No Fault Insurance in Canada, I do not since my insurance is through American Family in Illinois. When I called her insurance they told me that I have to file a claim through my insurance though I wasn't even in the car and not at fault. Is there anyway her insurance will pay since I shouldn't have to file a claim through my insurance?

AnswerAuto Insurance Answer

In Ontario, Canada they do not have property damage liability like in Illinois where it pays for the other party that you caused damage to. In Ontario they have Direct Compensation - Property Damage (DC-PD) Coverage.

With DC-PC a person's policy covers damage to their own vehicle or its contents, and for loss of use of their vehicle or its contents, to the extent that another person was at fault for the accident. It is called direct compensation because even though someone else causes the damage, the car's owner collects directly from their own insurer, instead of the person who caused the damage.

Coverage under the DC-PD section of a person's automobile insurance policy only applies if the following conditions are met:

  • the accident took place in Ontario;
  • there was at least one other vehicle involved in the accident; and
  • at least one of the other vehicles is also insured by an insurance company that is licensed in Ontario or has signed a special agreement with FSCO to provide this coverage.

If these conditions are not met, then a driver from Ontario can make a claim on their optional Collision coverage (if they have it), whether or not they are at fault since the DC-PD coverage would not cover the accident.

The Financial Services Commission of Ontario states that if a motorist does not have Collision coverage, they may be able to pursue recovery from the at-fault driver to the extent you were not-at-fault for the accident.

From this information it would appear you options would be to place a claim against your own collision coverage or see if you can try to get the funds to repair your vehicle from the person that hit your vehicle where they pay out of their own pocket. If you go through your own insurance policy you may want to see if they will be able to subrogate with the at-fault party to recoup their claim payout and perhaps your deductible.

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