Car Accident/Personal Injury
Contact us right away if you experience a personal injury from a car accident in Toronto and its surrounding area. With over 15 years experience our personal injury lawyers and paralegals will fight for you to ensure that you receive the best possible compensation in your personal injury case. We understand the needs and sensitivities that you and your family have once experiencing personal injury from a car accident and we can help.
Your personal injury lawyers and paralegals will complete the complex web of paperwork accurately and within the time regulations set out in car and auto insurance Ontario. A thorough investigation and documentation will be conducted. Ontario auto insurance is “No Fault” which means your claims for benefits will be processed through your own insurance. Your personal injury lawyer understands the legal steps you need to take with auto insurance, in order to process your claim for accident benefits with the insurance claims adjusters.
I was injured in an accident with another person and it was their fault. Am I simply out of luck or can I claim for personal injury?
The answer is NO, you are not out of luck and YES, you are eligible to make an accident benefit claim for personal injury. Our car accident personal injury lawyers can be invaluable in helping you successfully navigate this process which can be quite confusing to the uninitiated.
What you need to know is that if you have unfortunately been involved in an accident and have sustained an injury, there are benefits that are paid to eligible insured drivers or the insured drivers’ passenger(s). A legal representative can help you get those that you may be entitled to receive.
Benefits that you may be covered if you are injured and what they mean:
What do the coverages mean?
- Attendant Care Benefit: Pays for an aide or attendant to look after you if you have been seriously injured in an auto accident.
- Caregiver Benefit: If you are providing full-time care to dependants and can no longer provide that care as the result of an auto accident, you may be eligible for caregiver benefits to reimburse you for your expenses to hire someone to care for your dependants.
- Catastrophic injury: If you suffer an injury in an accident, you can apply for a determination of whether your injury qualifies as “catastrophic” (e.g. loss of a limb, paraplegia). If the injury qualifies as “catastrophic,” you are eligible for an increased level of benefits.
- Collision or Upset coverage: Pays for losses caused when your vehicle is involved in a collision with another object, including another vehicle, or rolls over.
- Comprehensive coverage: Pays for losses for certain perils, such as falling or flying objects, and vandalism.
- Death and Funeral Benefit: If you die as a result of an auto accident, the death benefit provides a lump sum payout to your spouse and your dependant; the funeral benefit provides a lump sum payout to cover the cost of your funeral expenses.
- Dependant Care Benefit: Pays for additional expenses incurred to care for your dependants if you are employed and are injured in an auto accident.
- Direct Compensation-Property Damage (DC-PD): Covers damage to your vehicle or its contents if another person was at fault for the accident. It is called direct compensation because even though someone else causes the damage, you collect directly from your own insurer. The accident must also occur in Ontario and both drivers must be insured by an insurance company licensed in the province.
- Family Protection Coverage (OPCF 44R): Covers you for the difference between the at-fault driver’s Third Party Liability limit and your own Third Party Liability limit if someone with less liability coverage than you injures you in an accident.
- Housekeeping and Home Maintenance expenses: If you are unable to perform your usual duties due to your injuries, this benefit pays for reasonable and necessary additional expenses for someone to complete your usual duties.
- Income Replacement Benefit: If you cannot work as the result of an auto accident, you may be eligible for basic weekly income replacement benefits of up to $400. This benefit commences after one week.
- Indexation Benefit: The automatic adjustment of the income replacement benefit, non-earner benefit, attendant care benefit or medical and rehabilitation benefit according to the Consumer Price Index for Canada to compensate for inflation.
- Medical and Rehabilitation Benefit: Covers the cost of reasonable and necessary medical and rehabilitation expenses (e.g., physiotherapy, prescriptions) that are not covered by OHIP or your disability insurance plan.
- Third Party Liability: Claims made by a driver against another driver who causes an accident.
- Tort Deductible: The amount that is deducted from a settlement or court award for pain and suffering.
- Uninsured Auto coverage: Protects you and your family if you are injured or killed by a hit-and-run driver or by an uninsured motorist. It also covers damage to your vehicle caused by an identified
The above mentioned benefits will vary for each individual.
You are required to report an accident and/or injury to the insurance company within 7 days. You will be sent a form to fill out to make a claim within 30 days. The correct completion of this form is important to a successful outcome. To make sure that you receive the benefits you may be entitled to if you are injured in a vehicular accident, contact a legal representative as soon as possible following the accident. Let us deal with your claim while you focus your energy on your healing and recovery.
Motor Vehicle Accident Tort Claims – Toronto, Ontario
What is a tort?
6 Essential Points to a Tort
- A tort is a wrong (civil wrong) under the laws (civil law) of our government.
- A tort is a wrong causing you to suffer loss or harm unfairly.
- The tort includes the set of facts known as the cause of action that justify your right to sue to obtain compensation for damages or, the enforcement of a right against another party.
- The cause of action (tort) may be due to negligence whereby harm is caused by carelessness and was unintentional or, criminal negligence that was willfully blind, careless, and negligent or, gross negligence that is reckless.
- Tort law includes all matters of negligence and often involves injury to persons or damage to property caused by the carelessness of others.
- The burden of proof for a tort lawsuit is lower than beyond a reasonable doubt. It must only be proven that it was more likely than not to have occurred based on the (preponderance) evidence.
Contact our personal injury lawyers and paralegals today for a free consultation: 416-835-7411