If you have been injured in a motor vehicle accident (MVA), you are entitled to accident benefits under Ontario law. These include: - Income Replacement — if you were employed at the time of your accident, and unable to continue work due to your injury
- Medical Expenses — any medical expenses you incur relating to your injury that are not covered by your provincial health care plan or other health insurance, prescribed by a treating physician
- Rehabilitation — any rehabilitation expenses you incur relating to your injury from a car accident
- Attendant Care — if you require any personal assistance following the injuries you sustained in the MVA
- 'Other' Expenses — this can include any assistance devices you may require as a result of your injury, prescribed by a general practitioner or treating physictravel costs for medical appointments, housekeeping expenses and lost tuition fees.
Even if you were unemployed at the time of the accident, or the primary caregiver for a member of your household, you may still be eligible for certain monetary benefits.
No-Fault Law
Ontario law with respect to MVAs allows a victim to receive both accident benefits, and to sue for damages (for economic loss, as well as pain and suffering) under certain conditions. Ontario also has what is called 'no fault' law - this means that all insurance policies must abide by standard rules for benefits (called the Statutory Accident Benefits Schedule, or SABS) if you have been injured in a car accident, regardless of who is at fault.
This is true for drivers, passengers and pedestrians who have been injured in a motor vehicle accident.
However, determining just which benefits you are entitled to and how much injury compensation you deserve can be a complicated process. We can offer you a free legal consultation to evaluate your case and help you obtain the medical care and compensation you deserve for your car accident injury. Contact us without obligation to find out how to start your car accident claim in Toronto and all of Ontario.
Additional Benefits
Despite the no-fault rules, insurance companies in Ontario still assign 'fault' to the driver(s) in an accident, which generally impact whose insurance premiums will be affected by the accident. However, in some cases, this can also have an impact on which additional accident benefits you can receive.
If you were the driver of a car in an accident, you may be completely, partially, or not at all at fault under Ontario insurance law. If you are at fault, the insurance company may refuse to pay you certain benefits not included as 'statutory'. Even if you are not at fault, your insurance company may try to deny you certain accident benefits, such as income replacement benefits.
As a victim, you may be entitled to between $100,000 and $1,000,000 in medical and rehabilitation benefits, depending on the severity of your injuries. You also have the right to sue for additional damages.
Our legal team, with extensive experience in car accident claims and injury compensation, will help you to ensure you receive all the accident benefits you need and are entitled to, top settlements for accident damages (including past and future lost wages), as well as compensation for pain and suffering in catastrophic injuries.
Motor Vehicle Accident Claims Fund
What if none of the vehicles involved in the accident were insured? Ontario law also provides for instances where there is no insurance company to pay the statutory benefits. In this case, Ontario has set up the Motor Vehicle Accident Claims Fund (MVACF) as a last resort, to ensure that victims of an uninsured accident can still receive the benefits they need. However, the at-fault driver may still be liable for these expenses, and may face legal action by the MVACF to recoup their losses.
Whatever your particular situation, by working together with top Ontario health professionals we can offer you the legal and professional guidance you need to get the compensation you deserve.