The Corroborative Evidence Requirement Under The OPCF 44R

Under Ontario automobile policies, the OPCF 44R Family Protection Coverage is optional auto insurance coverage Ontario drivers may purchase. If you are injured in an accident, this endorsement is meant to make up any difference between the third-party liability limit of an at-fault driver and your own coverage. The OPCF 44R coverage also protects you in the event you are injured in an accident caused by an unidentified driver.

There are barriers to accessing coverage for an accident caused by an unidentified driver. Under section 1.5(D) of the OPCF 44R, where an insured alleges that the accident was caused by an unidentified driver, the insured must provide "other material evidence" that corroborates that of the insured. This is defined to mean i) independent witness evidence, other than evidence of a married spouse or common-law partner of more than three continuous years of cohabitation or have cohabited in a relationship of some permanence if they are the