Motor Vehicle Accident Claims & Compensation
Professional legal representation for all types of motor vehicle accidents. We handle accident benefits, tort claims, and fight for maximum compensation on a contingency fee basis.
General Info & Benefits
Understanding Your Rights After a Car Accident
If you have been hurt in a car accident in Canada and have an insurance policy underwritten in Ontario, generally speaking there are two parts to a claim if you are not at fault:
- Accident Benefits (AB) - Claims from your own insurance company
- Tort Claim - Lawsuit against the at-fault party
Accident Benefits (AB) Claim
The AB claim begins right away by submitting an OCF-1 (Application for Accident Benefits) to your insurer upon being involved in an accident. Benefits you're entitled to from your own insurer include:
- Medical rehabilitation
- Attendant care
- Income replacement benefits
- Non-earner benefits
Tort Claim
In the tort claim, you seek damages for:
- Pain and suffering
- Income loss
- Economic loss
- Future cost of care
Important Limitation Period
The tort claim is not usually commenced immediately after the accident. There is a 2 year limitation period and a claim must be commenced within 2 years from the date of the accident. We commence your tort claim based on your injuries sustained and level of recovery.
Common Misconception
You will not be entitled to compensation just because you were hit in an accident. You must have sustained some sort of loss or injury that prevents you from functioning in the same way you did prior to the accident.
Policy Limits
Your claim for damages is limited to the policy limits purchased by the at-fault driver. For example, if the at-fault driver purchased policy limits up to $2,000,000, your damages would be capped at this amount with the at-fault party's insurance company. However, if your injuries are worth more, the driver and/or owner would be liable for the additional amount above the policy limits.
Gathering Evidence
If you are genuinely hurt, evidence can be obtained from:
- Regular visits to your family doctor
- Referrals to specialists
- Medical records
- Employment records
- Tax returns
At-Fault Accident Benefits
You are entitled to benefits from your own insurance company, regardless of whether you were at fault or not.
Benefits Changed in 2016
Due to legislative changes in 2016, benefits were reduced to almost half of what were earlier offered. The date of your accident determines which benefits apply.
For Accidents Prior to June 1, 2016:
Medical Rehabilitation
- MIG: $3,500
- Non-Catastrophic: $50,000
- Catastrophic: $1,000,000
Non-Catastrophic: 10-year eligibility
Catastrophic: Lifetime benefits
Income Replacement (IRB)
- 70% of weekly income
- Capped at $400/week
- 7-day waiting period
Attendant Care
- Non-Catastrophic: $3,000/month (max $36,000)
- Catastrophic: $6,000/month (max $1,000,000)
For Accidents After June 1, 2016:
Medical & Attendant Care Combined
- MIG: $3,500
- Non-Catastrophic: $65,000 combined
- Catastrophic: $1,000,000 combined
Non-Catastrophic: 5-year eligibility
Income Replacement (IRB)
- 70% of weekly income
- Capped at $400/week
- 7-day waiting period
Non-Earner Benefit
- 4-week waiting period
- $185/week
- Maximum 2 years
Own Occupation vs Any Occupation Test
First 2 years: Eligible if unable to do tasks of your own employment
After 2 years: Must be unable to do any employment for which you're suited by education, training, or experience
Not At Fault - Your Rights
If you were involved in a 'not at fault' accident, you're entitled to both Accident Benefits from your own insurer AND the right to sue the at-fault driver.
Court Jurisdictions Based on Claim Value
Small Claims Court
Claims worth $500 to $25,000
Rule 76 - Simplified Procedure
Claims worth $25,001 to $100,000
Superior Court - Ordinary Procedure
Claims worth above $100,000
Heads of Damages You Can Claim:
1. Pain and Suffering
Threshold Test: Must have suffered permanent serious disfigurement or impairment
Maximum: $350,000 (for paraplegic/quadriplegic)
Deductible: $37,385.17 applies if damages are less than $124,616.21
2. Income Loss
- 70% of lost income before trial
- 80% of lost income after trial
- Cannot double dip with IRB benefits
3. Loss of Competitive Advantage
- Future loss of income
- Lost overtime opportunities
- Reduced work capacity
- Missed job opportunities
- Educational delays
4. Housekeeping
- Can hire family, friends, or professionals
- Payment can be deferred to settlement
- Keep all invoices and documentation
- Professional services recommended
5. Future Cost of Care
- Lifetime medical/rehabilitation needs
- Costs beyond OHIP coverage
- Expenses exceeding AB limits
6. Loss of Caregiving Ability
- Unable to care for children/elderly parents
- Cost of replacement caregivers
- Keep detailed records of all services
Passenger Claims
Passenger in Someone's Vehicle
Key Rule for Accident Benefits
If you have your own auto insurance policy, you MUST make your Accident Benefits claim with your own insurer - even if you were a passenger in someone else's vehicle.
If You Have Insurance
Make AB claim with your own insurer, regardless of whose vehicle you were in
If You Don't Have Insurance
Make AB claim under the policy of the vehicle you were traveling in
Tort Claims
As a passenger, you're rarely at fault and can sue the responsible driver
Taxi/Uber/Ride Share Accidents
The same rules apply for commercial vehicles:
- If you have your own insurance, claim AB from your insurer
- If you don't have insurance, claim AB from the taxi/ride share vehicle's policy
- You can make a tort claim against the at-fault driver
Pedestrian & Bicycle Accidents
Reverse Onus on Driver
Under s.193 of the Highway Traffic Act, the onus is always on the driver to prove they took every reasonable step to avoid hitting a pedestrian or cyclist - even if you think you may have been at fault.
Pedestrian Hit - Without Auto Insurance
- Make AB claim on the policy of the vehicle that struck you
- Sue the same operator/owner for tort damages
- If you have your own auto insurance, claim AB from your insurer
Bicycle Hit - Without Auto Insurance
- Same rules apply as pedestrians
- Driver must prove they took reasonable steps to avoid collision
- Make AB claim on striking vehicle's policy if uninsured
- Tort claim against the driver who struck you
Wrongful Death
Ontario's Family Law Act sets the rules for who can seek damages in a wrongful death lawsuit. The court assesses damages based on what the deceased victim would have been entitled to had they survived.
Who Can Claim:
- Surviving Spouse
- Children
- Parents
- Grandchildren
- Grandparents
- Siblings
Types of Damages:
- Funeral expenses
- Travel expenses during treatment prior to death
- Loss of income or shared family income
- Loss of household services
- Loss of companionship and guidance
Contact Us Immediately
If you have lost a loved one in a motor vehicle accident, our aggressive team of lawyers can help obtain the best possible settlement for you and your family.
Special Situations
Hit by Unidentified/Uninsured Vehicle
Immediate Action Required
Call 911 and file a police report immediately. Document everything:
- Location and time of accident
- Direction and lane of travel
- Vehicle description and license plate
- Witness names and contact information
Good news: Every auto insurance policy in Ontario includes mandatory coverage for accidents caused by unidentified/uninsured vehicles. You can make both AB and tort claims against your own insurance company.
Hit by Drunk Driver
The drunk driver's insurer will likely refuse coverage, but you're protected:
- Your policy includes uninsured motorist coverage
- Make both AB and tort claims with your own insurer
- Document everything and call 911 immediately
Claim Value & Settlement Timeline
Lawyers cannot guarantee claim values per Law Society rules. Estimates depend on truthful information about your losses and injuries.
Two Parts to Your Claim:
Accident Benefits (AB)
- Begins immediately after accident
- Cannot settle for 1 year minimum
- Insurer not obligated to settle
- Based on medical needs and burn rate
Tort Claim
- Usually commenced after 1+ years
- Allows time to assess injuries
- Settlement when injuries stabilize
- 97% of claims settle without trial
Timeline Expectations:
Small Claims Court
Usually resolved within first year
Simplified Procedure
Resolution typically visible within 1-2 years
Ordinary Procedure
Can take 1-2 years after commencing, sometimes 4-5 years for serious injuries
Why Settlement Takes Time
We won't propose settlement until your injuries have stabilized and there's no further possibility for recovery. Insurance companies assess:
- Your credibility and consistency
- Treatment compliance
- Efforts to return to work
- Regular medical visits
Disputing Denied Accident Benefits
Changes Since June 1, 2016
Lost Rights
The government removed the right to sue your own insurance company and claim bad faith damages. Benefits were reduced by ~50% while promised premium reductions never materialized.
Old System (Before June 1, 2016):
- File with Financial Services Commission of Ontario (FSCO)
- Telephone mediation available
- Could sue insurer for bad faith
- Could claim legal costs
Current System (After June 1, 2016):
- File with Licence Appeal Tribunal (LAT)
- Cannot sue for bad faith
- Cannot claim legal costs
- Maximum special award: 50% of denied benefit value
Example of Current System's Unfairness
If your insurer unreasonably denies income replacement benefits for 6 months, causing you to lose your home to foreclosure, the maximum penalty is only 50% of the denied benefits - with no ability to sue for the devastating consequences.
Take Action
We encourage you to speak to your local MPP about this issue. Insurance companies profit billions while your rights and benefits have been drastically reduced.
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