Jeff Mitchell

Jeff Mitchell

Principal Lawyer & Founder

What happens if you are in a car accident and the other driver does not have insurance?

What happens if you are in a car accident and the other driver does not have insurance?

In Nova Scotia, every motor vehicle insurance contract includes something called a Section D policy. A Section D policy applies if the other driver was not carrying valid insurance at the time of your accident, or if you are injured in a hit and run accident.

Your Section D claim will be processed in the same way that it would be if you were hit by an insured driver.

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The key difference is that you are claiming damages from your own insurance company. Normally you would claim damages from the other driver’s insurance company.

All the regular accident procedures apply. You are still obligated to report the accident to your insurance company and to call the Police within the applicable time frames. Usually you will have 30 days to report the accident to your own insurance company and under 24 hours (or when you first reasonably can) to report the accident to the Police.

Although some parties may find it comforting to deal with their own insurance company, it makes little difference. Your insurance company can still contest your claim. You will have to give proof that the other drivers negligence, show the extent of your injuries, prove that your injuries were caused by the accident, and meet the timeline requirements under your section D policy.

Like any claim, your insurance company is going to look for ways to minimize your claims value. They may pursue tactics like claiming you were at fault, attributing your injuries to pre-existing conditions, and disputing the extent of the damage you have suffered.

We understand that this can be frustrating. It can be difficult to pursue a claim on your own, especially when your insurance company may not be playing fair.

If you need help navigating your Section D claim, call NOVA Injury Law to arrange your free case review today! During the free case review process, you’ll learn about the law that applies to your case, how much your claim may be worth, and how a car accident lawyer can work with you to ensure that you receive fair compensation for your injuries.

About us

NOVA Injury Law, located in Bedford, NS, is a personal injury law firm. We provide approachable, responsive, and compassionate representation to victims of car accidents, slip & falls, long term disability benefits denial, birth injuries, brain injuries, property damage, medical malpractice, and faulty products. We’re the only law firm in Atlantic Canada with a Doctor on the team.

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