Hit and Run Accidents and Uninsured Drivers: Section D Insurance

In Nova Scotia, all motorists are required to carry at least $500,000 in liability insurance to compensate for any losses arising from an at-fault accident. But what if the person who hit you is uninsured? Or, what if you cannot identify the person who hit you because they left the scene of the accident?  

All Nova Scotia car insurance policies include “Section D” coverage. This provision of the policy provides coverage to pay for damages if the at-fault driver is uninsured or unidentified. This coverage is available to an insured person under their own car insurance policy to cover their losses arising from injuries or property damage*. It is also available to the family of an insured person who is killed in an accident. The Section D insurance coverage stands in place of the at-fault driver’s insurance.

Section D coverage only applies to accidents where the other driver is at-fault but is uninsured or unidentified. If you are at fault for the accident, then Section D coverage is not available to cover losses arising from your injuries or property damage.

At-Fault Driver is Unidentified

After a car accident, the person who is at-fault for the accident is required to compensate those people that they injured in the accident. Where the at-fault driver holds valid insurance, their insurance company will cover these costs.

Unfortunately, sometimes the person who is responsible for an accident drives away without stopping to provide their insurance/contact information (commonly known as a “hit and run”). In these circumstances, you won’t know who owns the car that hit you or the identity of the driver. The driver is unidentified.  

Section D of your own insurance policy will step in to pay the damages which would ordinarily be paid by the at-fault driver, provided you have done the following:

1.     Reported the accident to the police within 24 hours, or as soon as possible; 

2.     Reported the accident to your insurance company within 30 days, or as soon as possible; and

3.     Have your car available for your insurance company to inspect.

Section D coverage may not be available to you if you could have easily found out the identity of the driver that hit you. For example, if you had a reasonable opportunity to ask the driver for their contact information and insurance but allowed them to leave the scene without requesting their information, you might not be covered under Section D. This does not mean you have to do everything possible to find the person who hit you. Once you report the accident to the police and insurance company, they have a duty to investigate the accident and try to identify the driver and/or owner of the vehicle.

*Note that Section D coverage does not apply to property damage claims where the driver is unidentified. If you do not have Collision coverage and your vehicle is damaged by an unidentified driver, your vehicle repairs will not be covered under your insurance policy. Without Collision coverage, you are leaving yourself vulnerable as you will be responsible for paying the costs of your vehicle repairs out of pocket, even when you are not at fault for the accident.

At-Fault Vehicle is Uninsured

Section D coverage also applies when the at-fault driver stays at the scene and is identified but does not have insurance. Section D covers claims where either the driver or owner of the at-fault car do not have valid insurance. Just because the person who hit you has an insurance card does not mean they have valid insurance. If you are told that the insurance card provided was expired and coverage cancelled, you may have recourse through Section D coverage of your own insurance policy.

If you have questions about Section D or any other coverage you have after an accident, please do not hesitate to contact us. We offer free consultations in accident cases, with no obligation to retain us moving forward.

Carter Simpson has prepared this document for information only.  It is not legal advice.   You should consult Carter Simpson about your unique circumstances before acting on this information. Carter Simpson excludes all liability for anything contained in this document and any use you make of it.