OHTA.ca

Hi,

Scenario - A friend of mine was killed recently by a suspected drunk driver. The charges brought upon this individual were as follows:

Criminal negligence causing death, dangerous operation of a motor vehicle causing death, and breach of undertaking and driving with a suspended licence.

My question to users of this forum/moderator etc would be as to whether the insurance company of the charged driver is still liable to pay damages to the deceased friends family should a lawsuit be launched against the person that committed this crime?

Even if they're not, I'm pretty sure that every motor vehicle insurance policy (even if it's liability-only) has a provision for covering the damages caused by an uninsured/underinsured motorist. A few bucks of every insurance policy should go into that fund.

Here's a more relevant read on it.. http://www.fsco.gov.on.ca/English/insur ... torist.asp

Basically, your friend is covered up to $200,000, but will have to go to court to get it. On a good note, the $200,000 goes above and beyond legal costs, so there will be no shortage of competent ambulance-chasers to handle the case.

This is truly a tragic scenario.

I would first ask the family of the deceased if they have received any mail from the insurance company of the driver. They should. In any case, you will likely be filing against the insurance provider of the driver instead of the actual driver.