And when you find out that the person who damages your car (or you) has no assets to sue for what then?
You don't really sue for auto damages when you're talking insurance in Ontario.
The whole No-fault thing is a very poorly worded term that's thrown around. The whole system would probably be a bit more understandable to people if it was called "regardless of fault"... as in regardless of fault your own insurance company pays for it all (
they then have the right to subrogate on your behalf).
Typically when you're talking about two insured drivers getting into an accident the at fault party's collision pays for their own damage while the not at fault party's damage is paid for by a part of your policy called direct compensation for property damage (
DCPD).
Assuming you are not at fault in an accident and the other party does not have insurance your damages are paid for by the uninsured motorist fund. Even though you aren't at fault you are still responsible for a $300 deductible as part of accessing this. Your insurance company will then try and recoup the cost of the damages (
as well as your $300 bucks, although honestly fat chance...).
Given that the courts are only really going to award you the actual cash value (
ACV... not the fabled blue or black book value, but rather your vehicle held up against the market of like kind and quality vehicles and in essence what your insurance company will award you for the value of your car should it be a write off) of the vehicle it would make little to no sense to sue the other party, which is kinda one of the big reasons why they brought in No-fault to start with.
Can you sue the other guy for other stuff, or even really if you pushed for it the damages to your car...? Probably, but you're going to spend more in time and money to in all likelyhood get less.
The three hundred dollar deductible sucks, but the reality is when you're talking about insurance claims its always a good idea to expect to pay a deductible because that is your retained risk, which is why its sometimes a good idea to bit the bullet on a bit more of a monthly fee to take a lower collision deductible as there are cases where even though you aren't at fault you may still have to pay your collision deductible (
non Ontario insureds, hit and runs... ect). While you can choose to have a DCPD deductible this isn't common, so after investigation to make sure your claim can be processed under it you can either proceed DCPD (no deductible) or given the length of time it takes to get police reports in refund the collision deductible and then proceed DCPD.
FYI, and should be common knowledge, but if anyone is ever in an accident writing down license plates. Even if its not the car you directly hit the Ontario rules still allow you to "use" any other vehicle even tacitly involved in the accidents insurance in order to access DCPD (
ie 3 car fender bender... even if your middle car and the guy behind you hits you and you and get pushed into someone.. provided you were stopped, you can access DCPD off the guy ahead of you even if the guy who caused it all is uninsured) . Since the car being insured is what matters (
not the driver as they may not be licensed, insured on that vehicle, or whatever) the plate will give you everything else that your insurance company needs. Never trust the cops when they say your insurance company can just get the police report as while this is true it can take anywhere from a week to months for it to come in, in the mean time their left with no info on the other driver and thus can't do anything for you except put it through your coverages which means you're out of pocket.
Not saying don't grab the rest of the OP info if you can get it (
and witness info), just start writing down plates ASAP in case the other guy takes off.