– In accidents involving two or more insured automobiles, an insured is entitled to recover for the damages to the insured’s automobile and its contents and for loss of use from the insured’s insurer under s.263(2) of the Insurance Act.

-The objective of the regime contemplated by section 263 of the Insurance Act is to create a “direct compensation system”.

-It involves an insured obtaining compensation for a loss directly from his/her/its own insurer and thereafter be subject to a prohibition from proceeding against a third party tortfeasor (either directly or by virtue of a subrogated claim).

-However, some plaintiffs have no right of subrogation available to any insurer as there is no Direct Compensation-Property Damage insurance coverage in place.

-Its only recourse to recover the loss is by a law suit against the Defendant, particularly who has acknowledged his responsibility for that loss.