I was wondering if in a situation in Canada where an accident was clearly the fault of an insured, liscenced driver and they were in an accident with a unliscenced, uninsured driver who stole the car from relatives would they be able to make a claim or put the accident on the record of the insured driver?
Generally, the rule is that a person committing a crime with a vehicle is not covered. The person whose responsibility it is, is on the hook for damages. My unprofessional (IANAL)guess, is that the owner of the car driven by the unlicensed driver may be able to collect from the licensed driver, provided they can show that the car was taken without permission and the accident was in no way the unlicensed driver’s fault.
However, I was once told that a person living in the same residence as the car owner cannot be considered as having stolen a car. So, the insurance company may ask the owner to demosntrate how they tried to keep the unlicensed driver from taking the car. (lock up keys or keep them on person, ec.)
But if the vehicle is just not insured even by the owners?
There is no single law of auto insurance in Canada. Auto insurance is a matter of provincial law, not federal, so for an accurate answer, you would need to specify the jurisdiction where the accident occurred.
That would be Alberta, sorry
If the othe vehicle is not insured… generally, your insurance will pay you just as if you had a single vehicle accident; and then try to collect from whomever they can blame if they think it’s not your fault.
As Piper says, rules vary - private insurance, depends what the policy says, some provinces have public insurance and everyone has the same coverage rules. I know where I used to live years ago, public insurance covered all insured vehicles, then the adjustor read the report to determine who paid their deductible; 50% or more at fault, you paid. They really liked the 50-50 accidents. The uninsured vehicle owner would be SOL in public insurance; however, medical rehab for the driver would still pay out. Last I heard, this was under review due to extensive car theft problems several years ago.
I would say that if the at-fault party is insured, he will be assessed if he reports it and puts in a claim for repair. The uninsured vehicle owner can come after the (at fault) insured for compensation, but I bet his case would be pretty weak.