Ontario has a complicated system to compensate individuals injured in a motor vehicle accident. For accidents after September 1, 2010, your entitlement to damages depends on the type of insurance coverage you purchased or was purchased by the at-fault driver. It is extremely important that you retain a lawyer with experience in personal injury to help you recover all benefits and damages available to you.
If you were injured in a collision, hit-and-run, pedestrian accident, bicycle accident, or if you were a passenger or driver of a vehicle, or passenger on a bus or streetcar, you may be able to make a claim for pain and suffering, income loss and medical and other expenses.
If you are injured in an accident, you can receive benefits from either:
- your own insurance company, or
- the insurance company of the vehicle in which you were a passenger, or
- the insurance company of the other vehicle involved in the accident
You can receive coverage for medical expenses, lost income, damages items and some out of pocket-expenses.
YOU SHOULD CONTACT US IMMEDIATELY IF YOU HAVE SUSTAINED A SERIOUS INJURY BUT YOUR INSURANCE COMPANY HAS DETERMINED YOU HAVE A “MINOR INJURY”.
You should also consult us if you have not purchased coverage for Housekeeping or Caregiving Expenses. These benefits may be recoverable from the at-fault party.
The tort claim is the claim you make against the person who caused the accident. You can recover compensation for pain and suffering, income loss and some out-of-pocket expenses.
You should consult us to determine who caused the accident. Sometimes you may be able to recover compensation even if you are partially responsible.
You may also claim for lost income. For accidents after September 1, 2010, you may recover 70 percent of your gross income loss before the date of Trial. After the date of Trial, any income loss is payable at 100 percent of your gross earnings.
If you do not have access to Housekeeping or Caregiving benefits from your own insurer, you may be able to recover these costs in the tort claim.
You should contact us so we may discuss the options to you. We also recommend that you speak with your insurance broker to determine if you have purchased adequate coverage.