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.