Get answers to the top 5 questions about car accidents in Ontario. Learn about legal rights, insurance claims, and what to do after an accident.
Alex was excited to finally get her full Ontario drivers license. She was looking forward to going to the movies and to visit friends without needing someone to take her, or drive next to her.
By Joseph Caprara of CBLAW posted in Car Accidents on Saturday, August 11, 2012.
The Story
Alex was excited to finally get her full Ontario drivers license. She was looking forward to going to the movies and to visit friends without needing someone to take her, or drive next to her.
A few weeks later, Alex was headed to her friend’s house. A few blocks away from her friend’s house, Alex waited at a stop light when she felt a sudden hard jolt from behind. Someone had rear-ended her car. Alex felt immediate pain in her neck and back, she was shocked and started panicking. After the ambulance took her to the hospital, she was told that she had sustained a whiplash type injury, and that she would need time to recover. Her first thought was “What do I do now?”
Driving is probably the most dangerous thing most of us will ever do. While none of us plans to be in a car accident, more than 200,000 accidents happen on Ontario roads each year. Many individuals don’t know what to do, or know what thier rights are.
CAPRARA BARRISTERS assembled a team of medical and rehabilitation experts to help Alex on her road to recovery and ensure that she received all the services and financial support she needed to help her get her life back on track.
Q. What are my rights if I am injured in a car accident?
A. Following a serious accident , the greatest concern for an accident victim and their family is to recover from the injuries and try to get life back on track. Auto, motorcycle, pedestrian, cyclist, and recreational vehicle crash victims with extensive injuries, such as spinal cord injuries, traumatic brain injury, broken bones, or soft tissue injuries may find the unexpected costs of recovery result in financial burden. In order to ease that burden, the victim or their family may wish to take legal action to recover the money required to pay for care, assistive devices and therapy, and other damages an injured person may be legally entitled to recover.
Tare two possible ways to claim for compensation if you are injured as a result of a car accident:
An award of damages, if another person is at fault for the accident; and
Accident benefits, also known as no-fault benefits that may be recovered regardless of fault.
Q. What are no-fault accident benefits?
A. No-fault Accident Benefits is part of every automobile insurance policy in Ontario. Occupants, pedestrians, cyclist and members of the immediate family may all be entitled to receive accident benefits if they suffers psychological, mental or physical injuries as a result of an accident, regardless of fault. These benefits may include:
Supplementary Medical Benefits and Rehabilitation Benefits
Attendant Care Benefits
Funeral and Death Benefits
Income Replacement Benefits
Non- earner Benefits
Lost Education Expenses
Caregiver Benefits
Expenses of a Visitor , and damaged items
Q. How long do I have to commence a claim for damages or for accident benefits?
A. The amount of time to commence a claim or law suit is called a limitation period. A limitation period is the period of time that a person has between an event, such as the accident or the denial of a benefit, and when he or she must take a step to protect a right. Limitation periods are extremely important. If your claim is not submitted in time, before the limitation period expires, your right to sue could be lost.
The following list provides some important timelines to be aware of:
Accident Benefits
If you are making a claim against your own insurance company: You should put them on notice within seven (7) days.
Completion of the Ontario Accident Benefits Application: This should be done within 30 days.
To sue your own insurance company for accident benefits: This must be done within two years of a denial of benefit. In Ontario, mediation must be pursued at FSCO before commencing an action or proceeding to Arbitration.
Law Suit for Damages
To sue the at fault driver: a claim should be issued two (2) years from the date of the accident.
If the accident was caused as a result of the road (icy condition, disrepair, etc..): there are notice periods that must be met.
Q. What exactly is “no-fault” insurance?
A. “No-fault” means that your insurance company will pay benefits to you, the driver, and to anyone else injured in your vehicle that doesn’t have his or her own Ontario automobile policy, no matter who caused the accident.
Q. Do I need to hire a Lawyer?
A. The circumstances around every accident are unique. Waiting too long to take action can mean you may miss out on the financial compensation you may be entitled to. A lawyer can listen to the details of your situation and help you to understand what options are available to get your life back on track.
A car accident can occur in secounds, and the effects can last a life time. Having the right medical, rehabilitation and legal team will help reduce anxiety and smooth the road to recovery. The trauma lawyers at CAPRARA BARRISTERS can help assess whether or not you have a potential lawsuit; and we can also help you receive the proper benefits. If you would like to learn more, feel free to call us and speak to a member of our trauma trial lawyers.
Joseph G. Caprara