Chapter 8 - Automobile Insurance C14

Terms	Definitions
Who do Highway Victims Indemnity Funds protect?	they protect victims of "hit and run" accidents.
Define the terms "uninsured automobile" and "unidentified automobile."	uninsured vehicle - neither the owner or driver has liability insurance to cover bodily injury or property damage loss unidentified automobile - the owner or driver cannot be determined
Who are considered insured persons under Section 5 of the policy?	persons who already have their own insurer.
In Ontario, under what circumstances may an insured claim under Section 5 of the policy?	the insured must be legally entitled to recover from the uninsured/unidentified motorist who are at fault.
To what TWO (2) situations would Uninsured Motorist Coverage typically apply?	insureds who are indemnified by an unsatisfied judgment fund will not be indemnified again for the same loss by their policy's Uninsured Motorist coverage.
What limits apply to payments under Section 5 of the policy?	an insured's policy will not pay if a fund exists in the jurisdiction where the accident happened which would respond to the claim
How are payments apportioned between bodily injury and property damage when the total amount claimed is more than the coverage limit?	bodily injury or death have priority of payment to 95% of the amount and damage to the auto and its contents, a priority of 5%.
What limitations and exclusions apply to Section 5?	the insurer will pay no more than the minimum liability limit.
How are legal liability and the amount of damages determined for the purpose of claiming under Section 5?	the amount of damages is negotiated between the insured and insurer.
Under Section 5, what procedures must a claimant follow when presenting a claim for vehicle damage? And when presenting a claim for injuries?	must determine whether the third party is unidentified, uninsured or both and then follow procedure.
Why is property damage caused by an unidentified automobile not covered under Section 5?	property damaged coverage under section 5 states that the third party must be uninsured and identified.
In what respects is a Highway Victims Indemnity Fund (the correct name varies, depending on the province or state) different from Uninsured Motorist Cover?	the Highway Fund compensates victims who are not covered by the "all perils" of their auto policy.
Which provinces have Highway Victims Indemnity Funds?	all Canadian provinces have setup the highway victims indemnity funds.
Who operates Highway Victims Indemnity Funds in Canada?	some funds are financed by the provincial governments others by the insurance industry.
What action is taken against an uninsured motorist on whose behalf a Highway Victims Indemnity Fund pays a claim?	an application can be made to have the license of the driver suspended until judgment amount is repaid back to the fund.
What procedure must be followed when an uninsured motorist denies liability for an accident and the resulting claim?	the victim may be required to sue and a judgment rendered before making payment.
Where would a pedestrian, who does not own an automobile and is struck in a hit-and-run, turn for help to cover the cost of his or her injuries?	the highway victims indemnity funds.