What are the options available to an insured who is injured by an uninsured tort feasor in a motor vehicle accident?

Ontario, Canada


The following excerpt is from Reinbrecht v. Reinbrecht, 2007 CanLII 17202 (ON SC):

The Court of Appeal in Johnson v. Wunderlich, supra, observed that there are three separate claims that an insured may make in circumstances (as here) where injured by an uninsured tort feasor in a motor vehicle accident. (1) The insured may sue only the tort feasor. Then, after obtaining judgment, demand payment from the insurer under the uninsured cover of the contract of insurance, then should there be refusal to pay, an action may be commenced for breach of contract. No limitation period would be involved prior to the date of judgment against the tort feasor. (2) The insured may bring an action naming only his or her uninsured motorist insurer. (3) The insured may join both the insurer and the tort feasor as parties defendant in the same action; Johnson v. Wunderlich, supra.

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