Chapter 4 Uninsured Motorist coverage Key Point Questions
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Explain the need for Uninsured Motorist coverage.
Uninsured Motorist coverage is necessary because not all accidents are covered by motorists who are insured or motorists identified
Ex: Hit and Run accidents
- If victims of these accidents did not have a way of protecting themselves, the victims could suffer serious financial hardship because of lost income, the cost of medical care and rehabilitation, and vehicle damage
Is Uninsured Motorist coverage the same across Canada? Explain.
Because automobile insurance is under provincial jurisdiction in Canada, how coverage is provided to victims of uninsured or unidentified motorists varies from province to province. However, each province has a plan in place to provide such coverage.
Where are key terms such as “uninsured motorist” and “unidentified motorist” defined?
Key terms such as “uninsured motorist” and “unidentified motorist” are defined in either the applicable automobile policy or the legislation.
Ex: the Manitoba Public Insurance Corporation (MPIC) Act defines uninsured motor vehicles as follows:
Uninsured motor vehicles
39(1) where the death or bodily injury to any person or the loss of or damage to property of any person is occasioned by the use or operation of a motor vehicle or trailer in Manitoba and no amount is payable in respect thereof by reason of the existence of an owner’s certificate under this Act or a motor vehicle liability policy or any other policy of automobile insurance within the meaning of The Insurance Act, insuring or purporting to insure to at least the limits mentioned in section 249 of that Act, any of the persons that in the circumstances are legally responsible for the death or bodily injury or loss of or damage to property, the motor vehicle or trailer is for the purpose of this Act an uninsured motor vehicle or trailer; but the expression “uninsured motor vehicle or trailer” does not include:
a) A motor vehicle or trailer in respect of which there exists a proof of financial responsibility given in the manner provided for by section 161 of The Highway Traffic Act; or
b) A motor vehicle or trailer owned by the Crown in right of Canada
What is an unsatisfied judgment fund?
Unsatisfied Judgment Fund: special funds to indemnify victims of uninsured or unidentified motorists
Who can apply for Uninsured Motorist coverage in Manitoba?
Can a motorist who was at fault for an accident recover under a plan designed to provide protection for claims caused by uninsured motorists?
How can an insured whose vehicle is damaged by an uninsured motorist in Manitoba recover for the property damage?
What would an innocent motorist need to do if an uninsured motorist disputes fault after receiving notice of his application for payment under Uninsured Motorist provisions? Describe the process.
What coverage for uninsured vehicles is provided under a Manitoba driver's license?
Who is coverage extended to under a Driver's Policy?
What types of vehicles are excluded for coverage under a Driver's Policy?
Explain the extension of coverage under a Driver's Policy?
What specific case did the Corporation rely on for such extension of coverage?
Explain how motorists are impacted by a hit-and-run accident.
For hit-and-run damage caused by stolen vehicles, how might Manitoba insureds be reimbursed for their deductible by MPI?
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