Yonge Street Van Attack Lawsuits Face Hurdles

The Toronto Star writes that 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.

With the first of several expected lawsuits against Alek Minassian, accused of murder following the Toronto van attack, and the van rental company now filed with the court, experts say the victims of the Yonge St. rampage may be denied the benefits they would have received in a typical collision case.

Disability and Personal Injury Lawyer Sivan Tumarkin, partner at Samfiru Tumarkin LLP, joined Global News Radio 640 Toronto to discuss the rights of victims, and the realities of the insurance system.