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Motor Vehicle Accident Lawyers in Toronto, Ontario

According to Transport Canada, there are 150,000 to 200,000 injuries in Canada each year as a result of motor vehicle collisions. When these accidents occur, injured parties and their families may have two types of claims in Ontario. One is as a result of the no-fault statutory accident benefits system and the second is in a lawsuit against the responsible parties (tort claim). Get in touch with one of our professional motor vehicle accident lawyers in Ontario to support your claims today.

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Motor Vehicle Accidents in Ontario

If you’ve been in a major car or motorbike accident, you should seek professional guidance from a certified motor vehicle accident lawyer immediately. Under the accident benefits system in Ontario, you must first look to your own insurance company following an accident. Among other forms, you submit to your insurer an Application for Accident Benefits, otherwise known as an “OCF-1” to initiate a claim. You can initiate an accident benefits claim even if there were no other vehicles involved in the accident or you were deemed at-fault. Benefits available to you from your insurer include medical and rehabilitation benefits, attendant care benefits, income replacement benefits, and non-earner benefits. For catastrophically injured claimants, in addition to increased coverage limits, benefits may include housekeeping and home maintenance expenses, as well as caregiver benefits.

While the accident benefits system can provide some immediate financial relief to claimants, it is not without its limitations. For example, income replacement benefits are normally capped at $400/week following an accident. As such, accident benefits may not fully compensate injured parties for their losses. In these situations, our motor vehicle accident lawyers look to start what is called a tort claim (a legal action or lawsuit) against the at-fault party. Subject to certain limitations, you can seek compensation for pain and suffering, healthcare expenses, economic losses, as well as housekeeping and home maintenance expenses, among other claims.

 

How Motorcycle Accident Lawyers Can Help

It is important to have a motor vehicle injury lawyer who can help guide you through this intensive process. A motor vehicle accident lawyer can provide you with information on which coverage and benefit options are available and navigate you through the process. Further, they can protect your interests if a dispute with your insurance company arises. Whether the accident results in death or bodily injury, the victim and their family may be eligible to receive a no-fault benefit.

What is the protocol for motor vehicle accident reports in Ontario when it results in the death of the victim? If the other driver was in any way at fault for the death of the victim, our motor vehicle injury lawyers may file a lawsuit (tort claim) on behalf of the deceased’s immediate family members. Family members of the victim are eligible for compensation under the Family Law Act for loss of support, whether or not the victim died in the accident.

The deceased’s insurance policy will normally cover funeral expenses and provide a death benefit to immediate family members. Funeral expenses and death benefits may also be paid by the Ontario Motor Vehicle Accident Claims Fund even if the driver was illegally driving without insurance. The Ontario Motor Vehicle Accident Claims Fund is meant to be a last-resort claim that you may only make if you have no other automobile insurance.

In addition to helping you through the entirety of the legal process, our motor vehicle accident injury lawyers will assist you with filing insurance claims. We are dedicated to bearing the legal burden of your claim, giving you the freedom and peace of mind to concentrate on your rehabilitation or grieving the loss of your loved one.

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FAQ .

 

What are the common motor vehicle accident cases?

In Canada, and most other locations, the most common causes of motor vehicle accidents are 1) texting while driving, 2) road conditions, 3) bad weather, 4) speeding, and 5) drunk driving.

How much motor vehicle compensation can I claim?

Personal injury compensation amounts vary from case to case and depend on the severity of the injuries sustained. When you present your case to a personal injury lawyer, they’ll assess and provide you with a better approximate figure of what you can expect. However, it’s important to keep into consideration that even that figure is not set in stone and can shift during the settlement process if additional evidence points towards more or less than that amount. The upper limit of compensation claims in Canada reach a maximum of $380,000, including compensation for pain and suffering.

What are the requirements when it comes to making a motor vehicle accident claim?

Individuals can file a claim on their own, but are advised to seek the assistance of a personal injury lawyer to ensure the smooth processing of the report without discrepancies. You will need to provide in-depth information regarding the case, which includes the vehicle model, year, registration, and license plate number, details of the accident (driver’s name and license number), the accident’s date, time, and place, severity of any injuries sustained, total number of passengers engaged, the extent of the vehicle’s damage, your account of the accident, all drivers involved’s names and license numbers, and if the accident was reported to police or not (the name and badge number of the officer, if yes).

Who pays for motor vehicle accident compensation?

The party who is found liable for causing the accident carries the fault and must compensate all affected parties. In most cases, the insurance company of the liable party will cover the costs. If the at-fault driver is uninsured, that does not mean you will be left without compensation. You can reach out to your own insurance company for coverage and otherwise discuss the next steps with your personal injury lawyer to receive your rightful dues for pain and suffering.

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