Please click here to download the PDF of the complete article.

Insurers are increasingly reporting an increase in claims involving unidentified automobiles. This paper will attempt to clarify the steps an insurer may take in the administration and investigation of such claims.

Although specifics on what are acceptable ‘reasonable efforts’ on the part of an insured in substantiating a claim under Section D are not identified in a Standard Automobile Policy, common themes may be extracted from jurisprudence across Canada as to what efforts may be acceptable in ascertaining the identity of the owner, driver or vehicle in unidentified automobile scenarios. While there is relatively little jurisprudence in Eastern Canada on this particular issue, the Courts in other parts of the country have adopted an expansive approach to interpreting what constitutes “reasonable efforts” in accepting the legitimacy of such claims.

Coverage in unidentified automobile scenarios is statutorily mandated via legislation in common law provinces and, generally, is contained in the Section D provisions of the Standard Owner’s Automobile Policy. While this article considers the wording of the Standard Owner’s Policy for New Brunswick1 (which is virtually identical to its counterparts in all Atlantic Provinces), it should be recognized that the legal overview, as well as the concluding practical suggestions, may serve as supplemental considerations for Claims Analysts in other Canadian common law jurisdictions.

Please click here to download the PDF of the complete article.