You have photos with plates and names etc? call the police. What I don't understand is how you allowed him to drive away without taking his policy down etc, you would have seen that his insurance was pooched at that point.This is why I will always, regardless of how bad an accident is call the police. This province is messed in the head if they think im gonna take info and drive away. The pooolice are coming, doin statements and an accident report being done up, In Ontario that's how it flew, and ill be damned if its not gonna fly that way here
Whether or not you agree with it, uninsured motorist coverage generally has a deductible. In this case, your policy deductible. Same deal applies with an unidentified hit and run, since there was no policy to recover from, you are on the hook for the deductible. The alternative is having no coverage at all.Not saying I agree with the reasoning behind this but that's how it work here and in most other provinces.
That doesn't fly when they have a known at-fault driver they can recover from. Not pursuing full recovery on behalf of their insured is just lazy on MPI's part.
What is he sueing you for? Seems like a losing battle on his end. I would just pay your deductible and wait to see if he actually proceeds to sue you in court. His legal council will probably try to advise him not to pursue it anyways.