If you have been injured in a car accident in Canada and have an insurance policy from Ontario, you will have two options if you are not at fault for the accident.
The first option is to claim ‘Accident Benefits’ (AB) from your own insurance company. The second option is to sue the party responsible for causing the accident through a ‘Tort Claim.’
The AB claim begins immediately by submitting an OCF-1 (Application for Accident Benefits) to the insurer. There are benefits you may be entitled to from your own insurer, such as medical rehabilitation, attendant care, income replacement benefits etc.
In a Tort Claim, you may seek damages for the injury, income loss, economic loss, future cost of care, and other factors from the insurer of the party responsible for causing the accident.
It is important to note that the Tort Claim is not usually commenced immediately after the accident. This is to ensure that the court submitted claim is up to date and encompasses all the heads of damages which you may be entitled to. But there is a 2-year limitation period and the claim must be commenced within 2 years from the date of the accident.
At our firm, we take into consideration a number of factors such as the severity of your injuries and the permanent impact that it will have on your life when drafting the claim. Each case is unique and will therefore will have its own merits.
In order to qualify for compensation as a result of the accident, you must have sustained some sort of injury or a loss that prevents you from functioning as you did prior to the accident. The insurance company for the at-fault driver, will thoroughly assess your claim and damages along with evidence you submit before providing any compensation or resolving your claim.
Additionally, you should be aware that your claim for damages is limited to the policy limits purchased by the at-fault driver. For example, the at-fault driver may have purchased policy limits up to $2,000,000 (two million dollars). As a result, you that damages that you could be entitled to would be capped at this dollar value with the at-fault party’s insurance company. However, if your injuries are worth more than this amount, then the driver and/or owner of the at-fault party, would be liable in an out-of-pocket expense for the additional amount that exceeds the policy limit.
Your next question might be, where do I obtain evidence to prove that I am injured? The answer to that question is simple. If you are genuinely injured, you will visit your family doctor regularly and if your injuries require treatment then your treating doctor will refer you to specialists. If you are unable to return to work or work in the same capacity as you did before, then such information can always be verified from your employment records, tax returns, medical records, etc.
