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Insurance Act amendments to prevent accident benefit claims by public transit passengers where there is no collision.


On May 12, 2011, the Ontario Insurance Act was amended to prevent accident benefit claims by public transit passengers except where the public transit vehicle collides with another automobile or any other object.

At the same time, corresponding changes where made to the Ontario Insurance Act to make it clear that in these circumstances (where no accident benefits can be claimed by public transit passengers), the driver and owner of the public transit vehicle will not be considered a 'protected defendant' --so that the public transit driver/owner can be sued without the various Insurance Act impediments (such as the threshold/deductible, etc.).

These minor amendments to the Ontario Insurance Act are set out in Schedule 21 of Bill 173, the Better Tomorrow for Ontario Act (Budget Measures), 2011.

Presumably, these changes where made to prevent public transit passengers, such as TTC passengers, from making applications for accident benefits in situations were there is sudden braking but no actual collision.
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TTC Accident

If you have been injured in a TTC accident, you may elegible for accident benefits.

These benefits can 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 need to buy as a result of your injury, prescribed by a general practitioner or treating physician; travel 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

Toronto's public transportation system, the Toronto Transit Commission (TTC), operates under the Statutory Accident Benefits Schedule (SABS), which is a 'no-fault' insurance system. This meas that if you were injured while in a TTC vehicle accident, regardless of who is at fault, you are entitled to accident benefits under SABS. Ontario law with respect to motor vehicle accidents also 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.

This is true for drivers, passengers and pedestrians who have been injured in a TTC vehicle accident.

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 TTC injury. Contact us without obligation to find out how to start your TTC accident claim in Toronto and all of Ontario.

Even if you weren't driving your car at the time of the accident, if you have car insurance you may be required to file your claim with your own insurance company, rather than the TTC. If there was another driver involved in the accident, then you might be required to file your claim with their insurance company. Determining which insurance company is liable in a TTC accident is not always straight-forward.

Our legal team can offer you a free consultation on your case, and help you get your claim processed fast and correctly, ensuring you start receiving the benefits you are entitled to right away.

Non-vehicular accidents

If you were injured on TTC property, but the accident did not involve a TTC vehicle, you may still be entitled to sue for damages if the accident was a result of negligence. Depending on your injuries and the circumstances of your case, you can be compensated for lost wages, medical bills, and pain and suffering.

Understanding which laws apply to your situation can be very complicated in these cases - sometimes the law might determine that an accident is actually a motor vehicle accident, even if a vehicle doesn't seem to be a direct cause of the injury.

Our team will give you the expert legal guidance you need to assess your particular situation. We have achieved top settlements for thousands of accident claims, bringing extensive experience in personal injury claims. Working together with top Ontario health professionals, we can offer you the legal and professional assistance you need to get the compensation you deserve.

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TESTIMONIALS

T. Szabados and Luca Vicalvi
York, ON - Brampton
Until I saw your website and called I did not now I could get my medical bills paid for by the owner of the dog that bit me. It was neighbour's dog and I did not want to have bad feelings with him. You helped to go between me and the neighbour and took care of everything for me. We are still friendly and they still have the dog.
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Cindy Bilkiss
Barrie, Ontario
Your staff was so professional, helpful, kind, and easy to work with. On top of the free, confidential evaluation, I was immediately impressed by the direct attention paid to my claim. I got top-dollar settlement and my family keeps every one of you in our prayers during this recuperation period. God bless.
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