What is the primary condition under which an insured can sue another motorist involved in an accident?

The primary condition under which an insured can sue another motorist involved in an accident is when the other party's insurer is not part of Direct Compensation - Property Damage (DCPD) agreements. DCPD is a system in Ontario that enables drivers to settle claims for damage to their vehicles with their own insurance companies, regardless of who was at fault in the accident. This system is designed to simplify the claims process and reduce the number of lawsuits arising from accidents.

If the other motorist's insurer is not part of the DCPD agreements, the insured may pursue legal action for damages. This is because when there is no DCPD coverage in place, the injured party is not constrained by the simplified claims process and may seek compensation directly from the at-fault driver, leading to a potential lawsuit.

Understanding this context highlights the importance of DCPD in managing the intricacies of automobile insurance claims in Ontario. Other options relate to different aspects of insurance and accident scenarios, but they do not address the fundamental condition that allows for legal action directly linked to DCPD coverage.