If a drunk driver veered onto a sidewalk, killing 10 people and injuring 16, his auto insurance policy would typically pay damages awarded to the injured parties in a lawsuit.
But if the driver was found to have driven into the pedestrians intentionally — as Alek Minassian is alleged to have done with a rented van in April 2018 — the insurance providers could argue that no payout is required. Alternatively, they might offer a reduced payout of as little as $200,000 — the statutory minimum for coverage — no matter how much the driver was insured for, and that amount would be shared among the many victims.
“While insurance policies cover most vehicular conduct, if you intentionally injure someone with your car it does not provide coverage because insurance is not intended to cover intentional criminal wrongdoing,” said personal injury lawyer Darcy Merkur.
Merkur has filed a $6-million dollar lawsuit against Minassian and the rental van company on behalf of Amir Kiumarsi, who was severely and permanently injured in the incident.
Read the full article by Alyshah Hasham as it appeared in The Star on December 3, 2018: Yonge St. van attack lawsuits face hurdles with insurance claims
Darcy Merkur is a highly regarded Ontario trauma lawyer helping accident victims such as pedestrians, cyclists and motorists, who have sustained catastrophic injuries.
Darcy is one of just two plaintiff’s personal injury lawyers in Ontario recognized as a Certified Specialist in Civil Litigation by the Law Society of Ontario, listed in peer-reviewed publications – Lexpert®, The Best Lawyers™ in Canada and Martindale-Hubbell ®. He is also a partner at one of Canada’s Top 10 Personal Injury Law Firms as selected by Canadian Lawyer Magazine. Read Darcy’s full bio.