(b) hold himself, herself or itself out as an adjuster, investigator, consultant or otherwise as an adviser, on behalf of any person having a claim against an insured or an insurer for which indemnity is provided
by a motor vehicle liability policy, including a claim for Statutory Accident Benefits.
(5) Despite subsection (4), if a person is a named insured under a contract evidenced
by a motor vehicle liability policy or the person is the spouse or a dependant, as defined in the Statutory Accident Benefits Schedule, of a named insured, the person shall claim statutory accident benefits against the insurer under that policy.
250 (1) The insurer may provide under a contract evidenced
by a motor vehicle liability policy, in one or more of the following cases, that, except as provided in the Statutory Accident Benefits Schedule, it shall not be liable while,
268 (1) Every contract evidenced
by a motor vehicle liability policy, including every such contract in force when the Statutory Accident Benefits Schedule is made or amended, shall be deemed to provide for the statutory accident benefits set out in the Schedule and any amendments to the Schedule, subject to the terms, conditions, provisions, exclusions and limits set out in that Schedule.
(1) Except as otherwise provided in section 68, the benefits set out in this Regulation shall be provided under every contract evidenced
by a motor vehicle liability policy in respect of accidents occurring on or after September 1, 2010.
In any action in Ontario against the licensed insurer or its insured arising out of an automobile accident in Ontario, the insurer shall appear and shall not set up any defence to a claim under a contract made outside Ontario, including any defence as to the limit or limits of liability under the contract, that might not be set up if the contract were evidenced
by a motor vehicle liability policy issued in Ontario and such contract made outside Ontario shall be deemed to include the statutory accident benefits referred to in subsection 268 (1).
(1.1) Subject to subsection (1.3), the benefits set out in this Regulation shall be provided under every contract evidenced
by a motor vehicle liability policy in respect of accidents that occur on or after November 1, 1996 and before September 1, 2010.
(1) Except as otherwise provided, the benefits set out in this Regulation shall be provided under every contract evidenced
by a motor vehicle liability policy in respect of accidents occurring on or after September 1, 2010.
Not exact matches
In most cases, this is a personal injury caused
by negligence, such as a
motor vehicle accident, medical malpractice, wrongful death, or injury caused due to the negligence or
liability of a property owner.
The proposed changes include: applying acts that affect litigation in court to litigation in the CRT, setting time limits for judicial reviews, ensuring that the CRT decisions are enforceable
by the courts and establishing the CRT as an expert tribunal for all matters except general small claims and
motor vehicle liability issues.
Covaci was triggered
by a simple police stop in Germany where Mr Covaci, a Romanian citizen, presented a forged proof of insurance and failed to show valid mandatory civil
liability insurance for a
motor vehicle.
Uninsured Motorist (UM) coverage is intended to provide compensation to individuals who are injured in a
motor vehicle accident
by another person who did not purchase
liability coverage.
For example, the Court of Appeal for Ontario in Matheson v. Lewis [4] clarified that ATVs are subject to the province's compulsory
motor vehicle liability insurance regime when operated on land not occupied
by the owner.
Once a
motor policy is issued it should be good for any third - party claim arising out of any use of the
vehicle on land consistent with its normal function; regardless of whether the policy was induced
by fraud; regardless of any contractual restrictions or exclusions of
liability that are inconsistent with the holistic nature of of the protection prescribed under EU law.
The Ontario Insurance Act defines «automobile» as either (a) a
motor vehicle required under any Act to be insured under a
motor vehicle liability policy, or (b) a
vehicle prescribed
by regulation to be an automobile.
(1) Despite any other provision of this Regulation and unless otherwise agreed in writing
by the named insured and the insurer, subsection (2) applies to every
motor vehicle liability policy that is in effect on September 1, 2010 until the earlier of,
(2) Clause (1)(c) does not prevent an excluded driver or any other occupant of an automobile driven
by the excluded driver from recovering accident benefits under a
motor vehicle liability policy in respect of which the excluded driver or other occupant is a named insured.
«insured automobile» means, in respect of a particular
motor vehicle liability policy, an automobile covered
by the policy;
Because all 50 states require motorists to cover
liability insurance which will pay victim's injuries, if you sustained your TBI in a
motor vehicle accident caused
by another driver, you will likely be able to recover compensation for your losses.
226.1 An insurer that issues
motor vehicle liability policies in another province or territory of Canada, the United States of America or a jurisdiction designated in the Statutory Accident Benefits Schedule may file an undertaking with the Superintendent, in the form provided
by the Superintendent, providing that the insurer's
motor vehicle liability policies will provide at least the coverage described in sections 251, 265 and 268 when the insured automobiles are operated in Ontario.
Prior to the Directives the Green Card System provided for «insurers of
vehicles in participating states to issue Green Cards guaranteeing compensation to victims of
motor accidents caused
by the driving of such
vehicles abroad... in conformity with legal and regulatory provisions applicable in the country of accident relating to
liability, compensation of injured parties and compulsory insurance».
If you are seriously injured in a
motor vehicle collision, the at - fault party has two hundred thousand dollars in third part
liability limits, and you do not have family protection coverage, there is a cap of two hundred thousand dollars for your damage, paid
by the at - fault driver's insurance.
The Killino Firm's auto accident and defective - products lawyer has extensive experience with cases arising out of injuries and deaths caused
by motor -
vehicle defects, including a product -
liability action that led to the recall of 450,000 defective Chinese - manufactured tires.
Commercial
vehicles must also carry a minimum amount of
liability coverage, which is established
by state regulations and the Federal
Motor Carrier Safety Administration (FMCSA) and is higher than for personal
vehicles.
It thus makes sense to have any potential product
liability claim reviewed
by a lawyer who has expertise with
motor vehicle product
liability laws, and who has the skills and resources to pursue a complex claim against a major corporation.
(3) Clause (2)(b) does not prevent an excluded driver or any other occupant of an automobile driven
by the excluded driver from recovering accident benefits under a
motor vehicle liability policy in respect of which the excluded driver or other occupant is a named insured.
The Killino Firm's car - accident and defective - products lawyers have extensive experience with cases arising out of injuries and deaths caused
by motor -
vehicle defects, including a product -
liability action that led to the recall of 450,000 defective Chinese - manufactured tires.
Pedestrians who have been struck
by motor vehicles may find that the driver's
liability insurance coverage has a maximum payout limit that isn't enough to cover their costs.
«insured automobile» means, in respect of a particular
motor vehicle liability policy, an automobile covered
by the policy; («automobile assurée»)
Co., the Court created a common law theory of
liability of a social host «to a person injured
by an intoxicated guest's negligent operation of a
motor vehicle where a social host who knew or should have known that his guest was drunk, nevertheless gave him or permitted him to take an alcoholic drink and thereafter, because of his intoxication, the guest negligently operated a
motor vehicle causing the third person's injury.»
Issues like compliance with traffic laws,
motor vehicle regulations, medical treatment, and
liability, all are best understood
by an experienced motorcycle and car accident attorney.
The California Insurance Code defines an uninsured
motor vehicle as one not covered
by a
liability insurance policy, including a
vehicle where coverage is denied, such as for an excluded driver or if the
vehicle is stolen.
This matter went to the Supreme Court of Canada as a reference case (i.e. a question asked of the courts
by the government), and led to the determination that the section of the B.C.
Motor Vehicle Act which made it an absolute
liability offence to drive while prohibited was unconstitutional.
The issue was whether an unmodified ATV owned
by a farmer and used in farm operations was a «self - propelled implement of husbandry» and therefore not subject to the province's compulsory
motor vehicle liability insurance regime.
The
Liability Insurance Company asserted that «claim fell within an exclusion that removed from UM coverage any bodily injury suffered
by an insured «[w] hile «occupying,» or when struck
by, any
motor vehicle owned
by that «insured» which is not insured for this coverage.»
The
motor vehicle in which the uninsured operator was driving also was not covered
by any vehicular
liability insurance policy.
Charlie currently handles various types of personal injury cases, with an emphasis on medical malpractice and medical product
liability cases and significant injury cases caused
by motor vehicle accidents or other causes.
Between 1972 and 2005, the European Council enacted five different directives with the aim of delivering a consistent approach across the European Community
by member states to ensure that civil
liability for use of
motor vehicles is covered
by some form of insurance provision.
Bodily injury
liability (BI) pays, up to your policy limits, for injuries or death that you (the policyholder), or other drivers covered
by your car insurance policy, are found responsible for after a
motor vehicle accident.
Commercial Auto - coverage for
motor vehicles owned
by a business engaged in commerce that protects the insured against financial loss because of legal
liability for
motor vehicle related injuries, or damage to the property of others caused
by accidents arising out of the ownership, maintenance, use, or care - custody & control of a
motor vehicle.
All truck - tractors, buses and other commercially registered
motor vehicles operated in Pennsylvania must be covered
by financial responsibility in the form of a standard
motor vehicle liability policy from an insurance company licensed to do business in the Commonwealth (unless the
vehicles are self - insured in accordance with regulations of the PA Department of Insurance and the PA Department of Transportation).
As is mandatory in
Motor Vehicle act, Liberty Private Car package plans indemnifies the insured in the event of an accident caused by or arising out of the use of the vehicle against all sums which the insured shall become legally liable to pay in respect to a third party subject to the limits of liability as laid down in the Schedule hereto the C
Vehicle act, Liberty Private Car package plans indemnifies the insured in the event of an accident caused
by or arising out of the use of the
vehicle against all sums which the insured shall become legally liable to pay in respect to a third party subject to the limits of liability as laid down in the Schedule hereto the C
vehicle against all sums which the insured shall become legally liable to pay in respect to a third party subject to the limits of
liability as laid down in the Schedule hereto the Company.
This policy is designed to cover the compulsory third party
liability as mandated
by the
Motor Vehicles Act, together with loss or damage to the
vehicle.
Motor insurance is required
by a
vehicle owner not just because it is mandatory but also to cover risk and damages to the individual himself and to the
vehicle, in addition to getting a cover against third party
liability.
Insurance Council members provide insurance products ranging from those usually purchased
by individuals (such as home and contents insurance, travel insurance and
motor vehicle insurance) to those purchased
by small businesses and larger organisations (such as product and public
liability insurance, commercial property, and directors and officers insurance).
(d) Such
motor vehicle liability policy shall state the name and address of the named insured, the coverage afforded
by the policy, the premium charged therefor, the policy period and the limits of
liability, and shall contain an agreement or be endorsed that insurance is provided thereunder in accordance with the coverage defined in this Article as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this Article.
(l) A party injured
by an uninsured
motor vehicle covered under a policy in amounts less than those set forth in G.S. 20 - 279.5, may execute a contractual covenant not to enforce against the owner, operator, or maintainer of the uninsured
vehicle any judgment that exceeds the
liability policy limits, as consideration for payment of any applicable policy limits
by the insurer where judgment exceeds the policy limits.
The provision shall further provide that a written statement
by the
liability insurer, whose name appears on the certification of financial responsibility made
by the owner of any
vehicle involved in an accident with the insured, that the other
motor vehicle was not covered
by insurance at the time of the accident with the insured shall operate as a prima facie presumption that the operator of the other
motor vehicle was uninsured at the time of the accident with the insured for the purposes of recovery under this provision of the insured's
liability insurance policy.
Furthermore, if a claimant is an insured under the underinsured motorist coverage on separate or additional policies, the limit of underinsured motorist coverage applicable to the claimant is the difference between the amount paid to the claimant under the exhausted
liability policy or policies and the total limits of the claimant's underinsured motorist coverages as determined
by combining the highest limit available under each policy; provided that this sentence shall apply only to insurance on nonfleet private passenger
motor vehicles as described in G.S. 58-40-15 (9) and (10).
(e) Uninsured or underinsured motorist coverage that is provided as part of a
motor vehicle liability policy shall insure that portion of a loss uncompensated
by any workers» compensation law and the amount of an employer's lien determined pursuant to G.S. 97 - 10.2 (h) or (j).