Accident Benefits And Tort Claims

Every year in Ontario, thousands of people are seriously injured in car accidents. A car accident can occur without warning, and within moments, and the lives of those involved are often negatively impacted for years to come. Which is why, you must consult an experienced personal injury lawyer ASAP to protect your rights after an accident.

Contact one of our personal injury lawyers at Alam Law Office for a free consultation.

In Ontario, there are two sources of compensation are available for the injured person for the injury, damages, expenses and losses suffered as a result of a motor vehicle accident. The first source of compensation is called accident benefits, which is to collect through your own automobile insurance policy or through the insurance policy of any other vehicle involved in the accident. The accident benefits claims are available to the injured person even though he or she is at fault of the accident. The second source of compensation is called tort claim by suing the "at fault/negligent" driver.

Accident Benefits Claim:

Accident benefits are available to anyone involved in a motor vehicle accident regardless of who caused the accident. You as a driver, passenger or pedestrian are entitled to the following accident benefits:

Income Replacement Benefit:

70 percent of your gross income to a maximum of $400 per week

Nonearner Benefit:

$185 per week

Child Care Benefit:

$250 per week for the first child. $50 for each additional child — Note: After implementation of the new auto insurance legislation on September 1, 2010, this benefit is an optional benefit. So if you have not purchased this benefit, you will not be able to claim.

Attendant Care Benefit:

Up to $3,000 per month. The limit is increased to $6,000 if your injuries are catastrophic.

Note: After implementation of the new auto insurance legislation on September 1, 2010, this benefit is not available if your injuries are categorized under minor injuries guideline (MIG). However, this benefit is available if your injuries are categorized under noncatastrophic injury. The total limit of this benefit has been reduced from $72,000 to $36,000.

Housekeeping Benefit:

$100 per week — Note: After implementation of the new auto insurance legislation on September 1, 2010, this benefit is an optional benefit. So if you have not purchased this benefit, you will not be able to claim.

Medical And Rehab Benefit:

Any and all medical or rehab expenses you are required to incur relating to your injury that are not covered by OHIP or other health insurance, prescribed by a treating physician up to $100,000. This limit is increased to $1,000,000 if your injuries are catastrophic. Note: After implementation of the new auto insurance legislation on September 1, 2010, the medical and rehabilitation limit has been reduced from $100,000 to $3,500 in minor injury cases and $50,000 in noncatastrophic injury cases. This limit is increased to $1,000,000 if your injuries are catastrophic.

Death Benefit:

$25,000 to the spouse and $10,000 to each dependant. Also reimbursement of funeral expenses up to $6,000.

Miscellaneous Benefits:

Loss of educational expenses; for students up to a maximum of $15,000.

Loss of prescription glasses and worn clothing.

Travel expenses for family members or those living with the accident victim for their visiting costs during treatment or recovery.

Tort Claim

In addition to claiming the accident benefits, the injured person may also be entitled to bring a claim against the negligent driver. This negligent driver can be driver of the vehicle the injured person was driving in.

In order to pursue a claim against the at-fault driver for pain and suffering, your injuries should be:

  • Permanent serious disfigurement (i.e., scarring); or
  • Permanent serious impairment of an important physical, mental or psychological function

You can also sue if the accident results in the death of a family member.

Note: Any damage award you receive for pain and suffering is subject to a $30,000 deductible. However, the damages received in excess of $100,000 for pain and suffering is not subject to the $30,000 deductible.

In a tort claim, besides pain and suffering claim, you can also sue for lost income, future lost income, impairment of your ability to earn income, loss of competitive advantage in the workplace, some out-of-pocket expenses and business losses. These claims are not subject to the $30,000 deductible.

Determining whether an injury is a threshold injury and subject to deductibles is a complex legal and medical test, which is constantly evolving before our courts. Our experienced personal injuries lawyers can best assess and give you advice on this, and all other parts of your claim.

There is a two-year period from the date of the accident within which you must commence an action against the at-fault driver. If you do nothing, you may lose your right to sue.

You can force the insurance company of the at-fault driver to mediate your case before proceeding to trial. This is to encourage early settlement.

Contact our office for a free consultation to know your rights.

Why Hire Us

It is simple.

Experience, Integrity And Personal Attention.

Our main focus is client satisfaction. Our clients have recovered hundreds of thousands of dollars in personal injury and CPP disability claim settlements. An experienced and expert lawyer in the personal injury and CPP disability claim field will be provided for your service. The managing lawyer, Muhammad M. Alam, and our legal counsel are committed to our clients' needs. We provide an initial free consultation for all legal needs.

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