OPCF44 Family Protection Coverage: An Essential Insurance Option
Last month in Vancouver’s Downtown Eastside, twenty-four-year-old Desiree Evancio was dragged five city blocks by a van and trailer operated by a member of a U.S. punk rock band. This horrific motor vehicle accident left her with life-altering injuries including the loss of an eye, the loss of her nose, a shattered jaw, numerous broken bones and permanent damage to her limbs.
What is even more devastating to Desiree is that the motor vehicle that struck her was insured in Illinois, USA, where minimum liability policy limits can be as low as $25,000 for one person injured in an accident. Such a policy would be inadequate to cover the extensive medical and rehabilitation costs and other damages Desiree is expected to incur over her lifetime.
In Ontario, motorist are aware that they must obtain liability insurance. Minimum policy limits in Ontario are $200,000 but most motorists opt for higher coverage like $1million.
Most Ontario motorists are not aware that they can also purchase optional coverage known as the Ontario Policy Change Forms (OPCF) 44R Family Protection Coverage. The OPCF 44R coverage would have certainly come into play in circumstances that Desiree’s tragic accident clearly illustrates.
In circumstances where an at-fault driver’s liability coverage is inadequate to compensate an injured victim, the injured victim can make a claim under his/her own OPCF 44R policy up to their liability policy limits. Using Desiree’s case as an example, if a U.S. motorist had only $25,000 liability coverage and was involved in an at-fault accident that caused significant injuries to another person, if that injured person had access to a motor vehicle policy of $1million and an OPCF 44R, then that injured person can make a claim under his/her own policy for the difference (i.e. $1million - $25,000 = $975,000).
It is important to note that the OPCF 44R is considered excess insurance. In order to make a claim, the injured person’s OPCF 44R coverage has to be greater than the at-fault driver’s liability coverage.
It would be wise to speak to your insurance broker about increasing liability coverage to $2million (or more) and always opt for OPCF 44R coverage. The additional cost for this coverage is nominal. It would provide protection should you or your family be injured by an inadequately insured or an uninsured motorist. It will also give you piece of mind.
Unfortunately, not only does Desiree have a long and difficult road to recovery to deal with but she must find other means to fund the extraordinary costs of her rehabilitation and care. Her family has started a GoFundMe page which can be found here https://ca.gofundme.com/f/hope-for-desiree.