Car Accidents

In Ontario, if you are involved in a car accident, you are entitled to pursue compensation in two ways:

(1) You can sue the at-fault drivers. This is called a Tort claim and normally, the other driver’s insurance company will step in and defend and/or pay the claim; and

(2) You also have the right to make a claim against your own insurance company for Accident Benefits which are included in your policy of insurance. These benefits can include income replacement benefits, housekeeping benefits, etc., and you may be entitled to these benefits even if you are at fault for the accident.

(1) Tort Claim - (Pain & Suffering)

The law of Tort provides that if the accident is not your fault you can sue the at-fault party for:

(a) damages (money) for pain and suffering and loss of enjoyment of life;
(b) any lost income on future economic losses if you cannot return to work or if you have returned to work in a lessened capacity or under modified duties;
(c) home maintenance and housekeeping expenses;
(d) out of pocket expenses;
(e) family members who have suffered a loss of care, guidance and companionship as a result of injuries to an individual involved in the accident

If you intend to sue, you must start your claim within 2 years of the date of the accident. There are important steps to follow during the course of litigation and handling your claim involves a deep understanding of the law in this area. As your lawyers, we will advance your claim as quickly as possible, mediate important issues, litigate points of law and negotiate your claim ensure that you receive the maximum compensation for your injury. Along the way we will take care of all aspect of your claim. We have a network of medical, rehabilitation, present and future care specialists, and specialized accountants to calculate your present and future needs, in order to fully evaluate your claim.

(2) Car Accidents (Accident Benefits)

In addition to making a tort claim against the at-fault Insurance Company, you can also claim Accident Benefits, from your own Insurance Company. If you have been injured as a driver, passenger, cyclist or pedestrian, you are entitled to accident benefits even if the accident was your fault. These benefits are occasionally referred to as no-fault benefits.

Depending on the date of the accident and the insurance coverage that you selected, Accident Benefits include money for:

(1) income replacement (if you are unable to return to work due to the accident);
(2) caregiving expenses (if you cannot care for your children);
(3) housekeeping and home maintenance expenses for two years following the accident (if you cannot clean and maintain your home);
(4) for non-earner benefits (if you are not employed at the time of the accident);
(5) up to $100,000.00 for medical and rehabilitation expenses (up to One Million if catastrophically injured);
(6) up to $72,000.00 for attendant care (if you cannot care for yourself) expenses (up to $1,000,000.00 if catastrophically injured); and
(7) Other benefits include visitor expenses, repair or replacement of damaged eyeglasses or clothing in the accident.

Accident Benefits can provide a great deal of financial assistance while you are injured; however, the process for applying for these benefits from the insurance companies is complex, difficult and requires you to know the legislation well.

Fortunately, Verma Injury Lawyers are aggressive and knowledgeable and we will take care of every aspect of the process to ensure that you are promptly paid all the benefits that you are entitled to receive. It is important to apply for these benefits immediately after an accident otherwise you may be disentitled, so contact us right away and we will start the process without delay.