- Should I speak to the other driver’s insurance company?

I’m Gavin Cosgrove and i’m a partner at Bergeron Clifford and certified as a specialist in civil litigation by the law society of Ontario. My law practice is restricted to personal injury cases.

I’m often asked by prospective clients injured in a car accident if they should speak to the other driver’s insurance company. With few exceptions the answer is no. Your own insurance company owes you a duty of the utmost good faith that means they have to be honest and treat you fairly. The other driver’s insurance company however owes you nothing. In fact the other driver’s insurance company has a duty to protect their best interests you have and what we refer to as an adversarial relationship with the other driver’s insurance company.

Ontario’s insurance act requires you to inform the at fault driver of your intention to bring a claim you should give that notice within 120 days of the accident, but if you do communicate with the other driver or the other driver’s insurance company, you should do that with the assistance of a lawyer. If you have any legal questions please get in touch with us.