Ontario Car Accidents - How Do Injured Persons Obtain Compensation?

By Steve Pola

I. BACKGROUND

Ontario's motor vehicle insurance regime has changed over time. Currently, Ontario has a hybrid, or split, motor vehicle insurance regime. The regime proides access to benefits no matter who was at fault for the accident, and, in certain cases, also allows claimants to commence a lawsuit.

II. ACCIDENT BENEFITS/NO-FAULT BENEFITS

If you are injured in a car accident in Ontario you may well have the right to claim certain benefits from your own car insurance company. If you were struck by a car while you were a pedestrian, you are more than likely also entitled to claim benefits. If you were a passenger in a car you likely also have the right to claim benefits.

The scheme providing entitlement to benefits is broad and most people have entitlement under one insurance policy or another. As a last resort, in certain circumstances, resort can be made to the government's motor vehicle insurance fund.

These benefits can include income replacement benefits, medical and rehabilitation benefits, housekeeping benefits, caregiver benefits, etc.

If the insurance company refuses to pay you benefits that you are entitled to, then there are steps that you can take to dispute the insurance company's decision. It is important to know that there are time-limits for doing this.

It is also important to know that it is mandatory that you make an application for accident benefits before commencing a lawsuit.

III. LAWSUITS

The car accident regime has become complex and it is often a good idea to consult with a lawyer early in the process to ensure that you are receiving the benefits that you are entitled to, and that you are protecting your future rights and ability to commence a lawsit if necessary.

Questions may arise early in the process, such as what questions should you answer that the insurer asks you? Is the insurance company allowed to speak to your doctor? Is the insurance company allowed to demand your pre-accident medical records? Do you have to speak to the insurer or adjuster representing the other driver? A knowledgeable lawyer should be able to guide you through these issues and advise you about your entitlement to certain benefits.

It may also be advisable for you to commence a lawsuit. Lawsuits are generally commenced to obtain compensation for things that are not covered by accident benefits (ie: pain and suffering, etc.). There are numerous disclosure obligations and requirements to start a lawsuit. There is also a time-limit for commencing a lawsuit and it is advisable to speak to a lawyer immediately if you are considering a lawsuit. There are a number of restrictions that have been placed on an injured person's right to sue in Ontario.

http://www.Ontarioinjurylaw.ca/info.html is a website offering free information about injury law in Ontario and facilitating free consulations with lawyers http://www.ontarioinjurylaw.ca/request.html