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QuestionInsurance Question  My parked car was hit by car from Quebec. I have police report and I submitted the claim. I don't have collision coverage. My Insurance company advised me to deal directly with Quebec insurance company because they have to cover my damage, under DC-PD. What are my options?

AnswerAuto Insurance Answer

You did not mention what state or province you live in and that the accident took place in but from the reference to DC-PD it would appear that it is Ontario, Canada.

In Ontario, Direct Compensation-Property Damage (DC-PD) is part of your mandatory coverage. Under a DC-PD claim you can recover for damages to your vehicle up to the extent that you are not at fault, less the deductible. For example if it is determined a 50/50 accident, your insurance company will pay 50 percent of your loss, minus your deductible.

On the other hand, if the other driver can be identified, is insured, and is found to be totally at fault for the accident, your insurance company will cover the total cost of repairing your vehicle under your Direct Compensation - Property Damage coverage, so long as your Direct Compensation - Property Damage deductible is zero dollars.

However the rules a different if your accident is with a vehicle from outside Ontario. According to the Financial Services Commission of Ontario (FSCO) states that DC-PD coverage does not apply unless the insurer of the out-of-province vehicle has signed an agreement with Ontario to settle claims under the DC-PD rules. If an agreement does not exist, you will have to sue the out-of-province vehicle owner and the driver to recover your loss. Your insurance company will know if the out-of-province insurance company has signed an agreement.

If the other vehicle involved in the accident does not have insurance, you may claim under the mandatory Uninsured Motorist coverage of your policy. If you claim under this coverage, you must be able to identify the owner or driver of other vehicle involved in the accident, and you will be covered for damage to your vehicle and contents up to $25,000, less the first $300 of the loss according to the FSCO.

The other driver should be covered by insurance since everyone who wants to drive a car in Quebec must by law buy a minimum amount of third-party liability insurance with a private insure. Liability covers a Quebec motorist for property damage inside Quebec and personal injury and property damage outside Quebec.

In Quebec if a person is involved in a road accident causing property damage of more than $500 and they do not have liability coverage, their driver’s license will be automatically suspended, and the SAAQ (Quebec government insurance regulator) will prohibit the operation of any vehicle the person owns. Hopefully the person that hit you had third party liability that will accept your claim and thus will not face these penalties and require you to sue them for your damages.

The FSCO and other party's insurance company should be able to advise you on how to place a claim for the damages the Quebec driver caused to your vehicle.

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