HORROR INS STORY!!!! Need Options Please -Must Ride!!!!!>>>>>>>>>>>>>>>>>>>>>>>

[turbodish]

Thanks for reminding me why I've stayed away from the forum for a while. I read the Act. I was not suggesting a lawsuit based on the Act. I was talking about a civil claim that has nothing to do with the OIA. Much like a wrongful death civil suit. It does not have to follow the criminal code.

Huh? Criminal Code?

The Insurance Act of Ontario has nothing to do with the federal Criminal Code.

Your ability to launch a civil lawsuit in Ontario is subject to various provincial laws that have nothing to do with criminal law. The Limitations Act of Ontario is one of them, and if the issue is related to a motor vehicle collision, the Insurance Act of Ontario is another.

Simply put, unless you have suffered permanent catastrophic or disfiguring injury as defined by statute and common law, you cannot pursue a civil suit against another insured motorist.

[funrider]

I seem to not to be able to articiulate what I'd like to express. Anyway, the guy got his insurance.

Done.

[Platinum Cycle]

The Ontario Insurance Act preclude an action against another motorist for damages to your automobile (or motorcycle).
This only applies when Section 263 applies. You would not be barred from bringing an action against another motorist if they were uninsured, or insured by another company from outside Ontario (i.e. with Geico from New York, or with Saskatchewan General Insurance).
But, for 99% of all collisions in Ontario you are barred from bringing a civil suit against another motorist for the damages to your vehicle. You can only sue your own insurer.

[rukus]

for 99% of all collisions in Ontario you are barred

whats the 1%? catastrophic injury?