Posted on February 12, 2010.
Car accident and the Ontario Small Claims Court? In mid Febraury I was in a collision "the guy who hit me (his fault) asked me to make a estamate may call to pay damages for the b / c it did not pass by insurance - the car was also on behalf of his mother. I thought it was OK (also obtained all his information unsurence But the insurance company name - My Bad). Thus, the same day as the accident I went to get a estamate for dameages and it came to $ 625 + for a rental car for 2 days. I told the guys that if I paid $ 300 in about a month (the time for him put in place) I would get a friend to fix my car for me. So I called the day we decided for him to pay me, he did not remember, I also left 3 messages on the answerphone of the family the next week about our agreement, and he did not mind at all. have I not made a police report (which I can still do it?). Could I make a case against him in Small Claims Court of Ontario?
No, you can not make a case against him. Your case is going against your own insurance company.
In Ontario, where there is an accident involving two cars that are both insured in Ontario, the Insurance Act dictates your remedy proceeding.
The Insurance Act section 263 (5) says, in the above conditions, causing material damage only, you are licensed (if required) to pursue your own insurance company.
Big problem. You do not report the collision. (I'm from Toronto) You can ask a station to return if it is still OK for you to report since the agreement collapsed. After this is done, ask your broker what could be done legally or if they can help without going in your file.
I think you r G
You must declare an access within 48 hours since you have not done that I think you r stuck
but it never hurts to try
Oh, and plus you do not have all the information and