How Is The Right To Sue Affected By Ontario’s No-Fault Insurance?

Many Ontario motor vehicle accident victims don’t realize that filing a personal injury claim for damages must be done through their auto insurer. However, if the accident was caused by another driver’s careless or negligent behavior, you may be able to sue them as well. So, it’s important to know what benefits you could be entitled to under Ontario’s no-fault insurance laws and understand how to protect your rights throughout the personal injury claim process. Whether you opt for out of court settlement or your lawyer decides to take it to trial, there are various aspects of the case that you need to know.

Compensation under No-Fault Insurance

Ontario law requires no-fault insurance or Statutory Accident Benefits coverage be included in all auto insurance policies. Whenever you sustain injuries in a motor vehicle accident, you must file for benefits with your insurer. However, when the at-fault driver has no insurance, you must file your claim against your no-fault insurance coverage. In the case of bicycle riders or pedestrians that you injure in a collision, they would file their claims with your insurer. It may not be the easiest thing to do but consulting with a personal injury lawyer in Stouffville can help.If you unaware of the whole process, the lawyer that represents your rights will help you understand the whole process and navigate the claim to culmination.

Compensation provided under no-fault insurance / Statutory Accident benefits coverage usually includes reimbursement for:

• attendant care expenses
• caregiver expenses
• home maintenance and housekeeping expenses
• hospital and medical expenses
• lost income (past and future)
• rehabilitation expenses

Furthermore, individuals who are unemployed prior to their accident may be entitled to “non-earner benefits” if their injuries prevent them from earning a living and maintaining their quality of life. In cases where the accident victim dies from their injuries, their spouse or dependents would receive the decedent’s statutory accident benefits and be reimbursed for a death benefit in order to cover their funeral expenses.

When can the At-Fault Driver be sued?

Regardless of who’s at fault for the accident, your insurer covers the damage claims for the injuries you sustain in an accident. However, you also have the option to sue the other driver if you’ve suffered an amputation, blindness, paraplegia caused by a spinal cord injury, or some other serious or catastrophic functional impairment. The primary benefit here is being able to sue for your pain and suffering. For additional information and legal assistance regarding Ontario’s no-fault insurance / statutory accident benefits, you should make a consultation appointment with a personal injury lawyer. That will help you understand the time duration for winning the claim and know how much the claim is worth.