Pedestrian Struck By Unknown Driver Must Prove He Is Entitled To Public Insurance

Brown v. A Party Unknown, 2014 NSSC 220

When 14-year-old pedestrian Nigel Brown was struck by a hit-and-run driver, the last thing on his mind was his entitlement to insurance benefits. As the victim of an unidentified driver, Brown was left with no one to sue. Before being allowed to access benefits from the publicly funded uninsured motorists' fund (managed by the publicly funded Facility Association) Brown had to prove that the driver could not be found and that he had access to no other insurance benefits.

To access benefits in Nova Scotia, Brown had to apply to Court for an Order to bring his claim against "a party unknown". Once allowed to sue this unknown Defendant, Brown could make a claim to benefits from the Facility Association.