If you’re an Ontario resident, or sometimes even a visitor to Ontario, and have been injured in a car accident, you have the right to sue the at-fault driver for additional financial compensation. You have the right to sue for additional damages and loss that isn’t covered by your vehicle accident benefits.
Car Accident Benefit Basics
If you’re properly insured, as you should be, you can claim compensation with your insurance company if you’re involved in a vehicle accident that has caused you significant injury. In Ontario, this means that you can file a claim with your insurance company to help cover the costs of replacement wages (for the time you can’t work), rehabilitation, medical treatment, medical supplies and any other care item necessary for your recovery.
The level of benefit you’re entitled to receive will be dependent on your insurance company and the extent and type of injury and accompanying impairments you’ve experienced. While the plans and benefits offered by insurance companies vary, all follow the guidelines set out by the Statutory Accident Benefits Schedule (SABS). This provides the legal definitions of impairment levels and injury levels. They range from minor injury to catastrophic injuries. These definitions tend to be adjusted and changed over the years. It’s a good idea to consult a lawyer to find out exactly what each definition means in the latest revisions to the SABS.
Insurance companies in Ontario are required to pay car accident benefits regardless of who was at fault and regardless of, if the injured party are fully or partially at fault for the car accident. This coverage is referred to as No Fault Accident Benefits, and are only payable after the application and approval of the application. Applications for these benefits must be done within a certain time frame.
Be prepared for insurance companies to look into their best interests. And that means paying as little out as possible. As a result of this, insurance companies may try to minimize the extent of your injuries as a way to deny benefits or pay out a smaller amount. As a car accident victim, you have the right to dispute any insurance company’s refusal to fully pay car accident benefits. It’s a complicated process with the potential to be frustrating and stressful. An experienced car accident lawyer will make the process less difficult and work to getting you the full coverage you deserve.
Car Accident Lawsuit
Financial compensation for costs not covered by your car accident benefits may be recoverable from the at-fault driver (and other persons responsible for the accident) through a tort lawsuit. The purpose of a tort lawsuit with the assistance of Injury Lawyer in Chatham is to get compensation for any necessary medical expenses and car required as a result of the accident that is not covered by the insurance company benefits.
Injury victims may be eligible to receive compensation for past and future income loss, psychological impairment, pain and suffering, loss of car for family members, home maintenance costs and future healthcare costs.Every car accident tort claim is different and not everyone is entitled to additional compensation. A lawyer can help you determine if you’re eligible for additional compensation.