Following your involvement in a motor vehicle collision in Ontario, you will be eligible to sue the driver liable for the accident in order to obtain compensation for the losses you sustained, given that said losses aren’t already covered by your personal car accident benefits.
Basics of Car Accident Benefits
An injury sustained in a motor vehicle collision will bring along costs for treatment and recovery, as well as an income loss during the period of time in which you are unable to work due to said injury. These losses should be compensated for by your insurance company if you are an Ontario citizen and have filed a claim with your insurer.
Depending on the severity of your injury, the benefits you can recover will vary. However, it should be noted that the classification of a minor injury and a catastrophic injury has shifted over the course of the last few years, and should thus be discussed with your Injury Lawyer in Orillia in order to assess which kind of benefits you are entitled to.
Regardless of whether you are held liable for the collision or not, your insurance company will still be obligated to award you certain benefits. Specifically, no fault benefits. However, you do need to apply for these benefits within a certain frame of time, otherwise your application will not be approved.
Furthermore, you should be aware that your insurance company will not be on your side throughout this process, since they do not want to give you even the smallest fraction of their profits. They will try to minimize the seriousness of your losses in order to minimize or even flat out deny you your benefits. Be sure to know your rights when it comes to disputing their decisions. A car accident lawyer can help you with the complexities of filing a dispute. They know how things work and dealing with an insurance adjuster or the insurance company isn’t easy. That is why they take on the responsibility of representing you at the trial or negotiate an out of court settlement.
Basics of Car Accident Lawsuits
Filing a tort claim, aka a car accident lawsuit, may be an option for you if you wish to obtain compensation from the liable driver for losses that aren’t already covered by the benefits under your insurance policy. The liable driver will generally be obligated to provide compensation for your losses, including past and future lost wages, pain and suffering, the loss of your vehicle, home maintenance costs, psychological impairment, and other related expenses. A tort claim can also be filed on behalf of a family member.