Motor Vehicle Accident Claims: What are your rights? 

Every person who has been involved in a car accident in Ontario has the right to apply for certain insurance benefits. If the injured person is not at fault for the accident, they also have the right to start a claim against the person who was at fault. What follows is a summary of your rights. This is only meant to be a general guide and is by no means exhaustive. The rules and regulations surrounding motor vehicle accident claims are complicated and require the assistance of a lawyer experienced in this type of litigation.


1. YOUR RIGHT TO STATUTORY ACCIDENT BENEFITS (SABS)

Regardless of whose fault the accident was, you are entitled to receive Statutory Accident Benefits from your own insurance company or, if you do not have your own insurance company, from the insurance company for the vehicle in which you were a passenger or the insurance company for the vehicle that caused the accident. The type of benefits you are entitled to receive depend on your personal circumstances at the time of the accident such as whether you were employed, whether you were looking after young children, whether you were going to school, etc. The type of Statutory Accident Benefits you may be entitled to receive include:

(a) Income Replacement Benefits if you cannot work because of the accident.

(b) Non-Earner Benefits if you were not employed at the time of the accident.

(c) Caregiver Benefits if you were providing care to another person at the time of the accident.

(d) Medical/Rehabilitation and Attendant Care Benefits to cover expenses for things like medicine, physiotherapy, massage therapy, chiropractic care, etc.

(e) Payment for other expenses such as lost educational expenses, expenses of visitors, expenses for housekeeping and home maintenance and reimbursement for any damage to clothing, glasses, hearing aids, etc.
Specifically what Statutory Accident Benefits you are entitled to depends on the extent of your injuries and your personal circumstances at the time of the accident.

It is imperative that you submit your application for statutory accident benefits as soon as possible. Our staff would be pleased to assist you in completing that application and we can follow up with your insurance company to ensure that they are paying the benefits you are entitled to. Please be sure to keep original copies of all bills and receipts so we can submit them to your insurance company for reimbursement.


2. YOUR CLAIM AGAINST THE RESPONSIBLE MOTORIST FOR DAMAGES

If another motorist is found responsible for the accident, you and your family members are entitled to bring a claim and seek financial compensation from that driver's insurance company. The headings of damages you may be entitled to include:

(a) Damages for Pain and Suffering and Loss of Enjoyment of Life - Under our present law (Bill 59), to be entitled to damages for pain and suffering, you must first establish that you have sustained either a permanent serious disfigurement or a permanent serious impairment of an important physical, mental or psychological function. This is a significant hurdle for you to overcome to be entitled to damages for pain and suffering and loss of enjoyment of life. It will take some time to determine whether or not your injuries will fully heal. Even if you are seriously enough injured to be entitled to damages for pain and suffering, those damages are reduced by a deductible in the amount of $15,000.00.

(b) Income Loss - You are entitled to make a claim for any loss of income or loss of earning capacity subject to certain limitations which include:
(i) No damages will be awarded for income loss suffered within seven days after the accident;
(ii) You are entitled to only 80% of your net income loss suffered from the seventh day after the accident to the date of trial;
(iii) You are entitled to make a claim for the full amount of any future loss of income or future loss of earning capacity you may suffer as a result of the accident;
(iv) Any damages you are entitled to for loss of income or loss of income earning capacity are to be reduced by all statutory accident benefits you received, or are entitled to receive, from your own insurance company for income loss or loss of earning capacity and are further to be reduced by any payments you received, or are entitled to receive, for income loss or loss of earning capacity under the laws of Ontario or Canada or under any income continuation benefit plan or sick leave plan you may be insured under.
(c) Family Law Act damages - Under the Family Law Act, your spouse, children, grandchildren, parents, grandparents, brothers and sisters may be entitled to damages to compensate them for the loss of guidance, care and companionship they might reasonably have expected to receive from you had your injuries not occurred. However, to be entitled to any such damages, you must establish that you sustained a permanent serious disfigurement or a permanent serious impairment of an important physical, mental or psychological function. Even if you do prove that you have been so seriously injured, the claims of your family members are subject to a $7,500.00 deductible. (d) Limitation Period - You must sue the responsible motorist within two years of the date of your accident. If you do not institute any action by that time, you may not be able to make a claim against the responsible motorist.


This has been intended to be a general description of your rights following a car accident. The law is complicated and the interaction between your claim for Statutory Accident Benefits and your rights against the responsible motorist are complicated. We do not recommend that people try to work through these claims on their own. In our opinion, people involved in motor vehicle accidents who are going to make a claim require the assistance of experienced legal counsel.



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