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Nova Scotia Facility Association

Victor Lewin - Tuesday, August 15, 2017

In an earlier blog we addressed the issue of uninsured drivers and what you do when you are involved in a motor vehicle accident with someone who was not carrying valid insurance. So you already know you can make a claim under your own auto insurance without any impact on your premiums.

But what happens if you don’t have insurance? For example, what happens if you are a pedestrian struck by an uninsured driver?

In these cases, you are able to make a claim against the Nova Scotia Facility Association. The Facility Association is an entity established by the automobile insurance industry. Its purpose is to ensure automobile insurance is available to all individuals, particularly those who have difficulty getting insured, as well as to administer the Uninsured Automobile Funds. For purposes of this blog, we are interested in its role in dealing with the Uninsured Automobile Funds.

Similar to a Section D claim, the Facility Association steps into the shoes of the uninsured or unidentified driver and responds as if they were the third party insurer. Again, the process is the same as any other claim and could result in negotiations with an adjuster or lawyer, discovery examinations and potentially trial.

Also similar to a Section D claim, the Facility Association has what is called a subrogated claim in relation to your accident. Once the matter is settled, the Facility Association has the right to proceed against the at fault individual personally (i.e. the uninsured driver). You are required to cooperate with the Facility Association to assist in their recovery and may be required to attend Court proceedings.

If you have been injured by an uninsured or unidentified driver it is important to report the accident to the police as soon as possible.  It is also important to report your claim to the Facility Association as soon as you are able to do so. One of our motor vehicle accident lawyers would be happy to speak with you if you have any questions.

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