Insurance Claim for Rental Car Accident

In Ontario there is a provision OES 27 that covers a secondary driver on a rental car accident. Is there such a provision in Quebec?

The question I have is: my boyfriend has an insurance policy and I am covered under this policy as the second driver. I was in a car accident with a rental car, rented under my name. Should our car insurance policy cover the costs that I am claiming?

My family's insurance agent in Ontario would cover the claim but the insurance company in Quebec refuses. 

What action can I take if any?

Answer:

I don't know if you have any recourse here. Given that you are covered on an insurance policy as a second driver, it depends on whether you have the same full coverage as your boyfriend. Are you actually named on his policy? If you are, that will make a difference.

It's also possible that your insurer doesn't want to pay this claim because they don't want it to be well known that your insurance policy should cover you in case of a car rental accident. Insurers and car rental agencies make an astonishing amount of money on those high-priced rental policies that they try to sell you when you rent a car. By not buying a policy, you are raining on their parade!

The last factor here is Quebec provincial law.  For an expert  in that, you'll need a Quebec lawyer.

1 comments
Posted by Richard Pereira on May 29,2007 at 12:55 PM

Hello

In answer to the above question the endorsement form in Ontario is called O.E.F. 27 - LIABILITY FOR DAMAGE TO NON-OWNED AUTOMOBILES ENDORSEMENT. In Quebec, this form is called Q.E.F. No. 27 - CIVIL LIABILITY RESULTING FROM DAMAGE TO NON-OWNED AUTOMOBILES ENDORSEMENT INCLUDING AUTOMOBILES PROVIDED BY AN EMPLOYER. Under this form: "...the Insurer agrees to indemnify the Insured against the pecuniary consequences of the contractual or extracontractual liability of the Insured for loss of or damage to any automobile of the ………………… type, including its equipment, in the care, custody or control of the Insured, caused by such of the perils described herein for which a premium is specified." Usually the word "rented" or it equivalent shows up in the underlined portion. Unfortunately under the same for the definition of '"Insured" is: "...the Named Insured, his or her spouse and any person named in any Q.E.F. No. 2 endorsement made a part of this contract, as well as their succession or their legal representatives;". So unless you are common law with your boyfriend or are actually named as an insured under the policy (and not just a driver) I'm afraid you are out of luck.

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