Individuals injured in car crashes in Ontario have two potential claims. The first claim is called an Accident Benefits or “No Fault” claim with their own automobile insurance company. Accident Benefits claims can be made by an injured individual, even when they are at fault for the accident.
 
The second claim is a lawsuit against the at fault driver. This is commonly referred to as a “tort” claim. The at-fault driver’s car insurance company will defend the claim on his or her behalf. Even if an accident is partly the injured individual’s fault, they are still able to commence a lawsuit. Lawsuits in Ontario car accident cases often take 2-3 years to resolve.
 
Ontario Accident Benefit Claims
 
Accident Benefit claims are designed to provide treatment to injured individuals early in their recovery without having to wait for compensation from a lengthy lawsuit. If a person is unable to work due to their injuries, they may also qualify for income replacement benefits. Depending on the specific circumstances, additional benefits such as housekeeping benefits and non-earner benefits, may also be available.
 
Many individuals who suffer personal injury in a car accident first become aware of Accident Benefits when their automobile insurer sends them a thick envelope full of complex insurance forms. While injured individuals are able to fill out these forms and apply for Accident Benefits on their own, many find the process overwhelming, especially when attempting to recover from their injuries. 
 
Obtaining Treatment for Personal Injuries
 
There are three treatment categories for injured people claiming Accident Benefits. The first is the “Minor Injury Guideline” which has a maximum limit to treatment that can be received of $3,500. Insurance companies often improperly place personal injury victims in the Minor Injury Guideline early in the case.
 
The next category is commonly referred to as the “regular category”. This category usually  provides a maximum limit of $65,000 in treatment funds to the injured claimant.
 
If the injured person has very significant, physical, psychological, or neurological injuries from an accident, they may qualify for the “catastrophic” category, which typically  entitles them up to a maximum of $1,000,000 worth of treatment. If the injured claimant is designated as having suffered a catastrophic impairment from their personal injury, then they also may be entitled to claim housekeeping benefits
 
Obtaining Income Replacement for Personal Injuries
 
Income Replacement Benefits are generally available to claimants who were employed or self-employed at the time of the motor vehicle accident, or worked 26 of the 52 weeks prior to the collision. Unfortunately, income replacement benefits are usually  limited to 70% of a person’s weekly pre-accident income up to a maximum of only $400 per week.
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If you are looking to learn more about accident benefits in Ontario, check our free Accident Benefits Guide
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Personal Injury Lawsuits
 
Advancing a personal injury lawsuit or "tort claim" for damages is a legal process designed to help the accident victim recover their losses from the collision. There are several different pots of money, or “heads of damage” from which a personal injury victim can claim.
 
One head of damage is known as “Pain and Suffering”. Another is income loss to compensate an individual for income they have lost, or will lose in the future, because of their injuries. Other heads of damage include, housekeeping, out of pocket expenses, future care costs, cost of handyman services, and many more.
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Free Consultation with an Experienced Car Accident Lawyer
 
If you have been injured in a car accident, please don't hesitate to call us at 705-408-4438 or 416-649-8280, or complete the form below for a free consultation.