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ARTICLE · 11 JANUARY 2016

Unidentified Automobile Coverage And Relief From Forfeiture In The Face Of Non-Compliance With Reporting Requirements

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The Court of Appeal, in the case of Dams v. TD Home and Auto Insurance Company, 2016 ONCA 4 (CanLII), has reminded us of the law with respect to unidentified automobile insurance coverage in Ontario.

CanadaInsurance
Teneil MacNeil
Teneil MacNeil
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The Court of Appeal, in the case of Dams v. TD Home and Auto Insurance Company, 2016 ONCA 4 (CanLII), has reminded us of the law with respect to unidentified automobile insurance coverage in Ontario, particularly as it pertains to an insured's obligations with respect to same. As explained by Justice Brown:

... Section 3 of the Schedule attached to the Uninsured Automobile Coverage regulation, R.R.O. 1990, Reg. 676 (the "Schedule") made under the Insurance Act, imposes several obligations on a person insured under a contract of insurance who claims that an unidentified automobile has caused that person bodily harm or injury. Two of those obligations are that:

  1. the person must report the accident to a police officer within 24 hours after it occurs or as soon as is practicable after that time: s. 3(2); and

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