Car Accident Claims
Car accident claims are among the most common types of personal injury claims considering that there are about 160,000 reported car accidents each year throughout Canada. But they can be confusing and challenging for anyone and may result in your not realizing the most compensation for your claim. Consult with a Toronto car accident lawyer from Affinity Law if you were injured in a car accident.
Ontario has a no-fault insurance system for car accident claims and has two avenues for compensation. One is an accident benefit case where you can obtain compensation from your own insurer, regardless of fault. The other is a case in which your Toronto accident lawyer from Affinity Law can seek additional monetary compensation provided that you meet certain thresholds and prove that the other motorist caused your accident and injuries.
Accident Benefit Claims
A claim for accident benefits must be submitted within 30-days of the accident. They will be denied to motorists who lacked auto insurance or a valid driver’s license, or who were engaged in any kind of criminal act at the time of the accident. Passengers who knew or should have known that the car in which they suffered injuries was being driven without the owner’s consent are also ineligible.
Eligible recipients may recover the following benefits:
- Income replacement –Pays up to $400 weekly if your injuries prevented you from working. You can purchase optional benefits for increased payments
- Non-earner—Compensates you for up to 26-weeks if disabled from engaging in normal daily activities
- Caregiver—If you are the main caregiver and unable to care for a family member who is under 16 or over 16 and disabled
- Medical and rehabilitation—Pays for reasonable and necessary expenses not covered by a government or supplementary health plan
- Attendant care—Expenses for your own caregiver retained due to the injuries caused by the accident
- Other—Covers possible educational costs, housekeeping and home maintenance expenses, and items damaged in the vehicle
- Death and funeral expenses
Medical payments are limited to $3,500 for care not covered by OHIP and if your injuries are deemed “minor” by the insurer. For injuries between “minor” and “catastrophic,” you may claim medical benefits up to $50,000. You are covered for up to $1M for catastrophic injuries such as loss of a limb, vision, paraplegia, or traumatic brain damage.
Your Affinity Law Richmond Hill personal injury lawyer can also bring a third party claim against the at-fault motorist under 5 possible scenarios:
- Permanent and serious injuries. A judge determines whether your injuries meets this threshold so that you can claim damages for pain and suffering. Your injuries may be physical and/or psychological. There is a cap on damages for pain and suffering of around $381,000 at present.
- Health expenses. You can claim expenses for serious injuries that significantly affect your daily living such as paralysis, loss of vision or cognitive skills.
- Lost income. If your inability to work was caused by your car accident injuries, then you may claim past and future income losses.
- Family claim. Family members can sue for the loss of love, guidance, care and companionship of a loved one killed in an accident, or if the permanent and serious injuries of your loved one significantly affects family life.
- Housekeeping and maintenance. These expenses must be significant since your insurer will generally cover these costs to a certain amount.
If you have a possible tort claim case, you have only 120-days to provide notice to the responsible party or your claim is waived. There is a 2-year time limit to file the claim in court.
Fault in an Ontario car accident is based on Fault Determination Rules that cover more than 40 possible scenarios. Under these regulations, fault can be assigned from 0% to 100% for the defendant motorist or shared with both parties in any percentage up to 100%. If you disagree with the determination, your Vaughn personal injury lawyer from Affinity Law can appeal the decision. If not settled, a court-assigned mediator can listen to the evidence presented by both you and the insurer and render a decision. You still retain the right to bring your claim to trial if the mediator’s decision was unfavorable to you.
Do not hesitate to call one of our highly experienced Toronto personal injury lawyers at Affinity Law to ensure that you receive the benefits and compensation that your car accident injury deserves.
Call us today for a free consultation at (647) 846-2037.