If you have been involved in a car accident in Ontario, Canada, you may be wondering how to get compensation for your injuries and damages. Depending on the circumstances of your accident, you may have two options: accident benefits and tort claim.
Accident benefits are available to anyone who has been injured in a car accident, regardless of who was at fault. You can apply for accident benefits through your own auto insurance company or through the Motor Vehicle Accident Claims Fund if no one had auto insurance. Accident benefits can cover some of your medical and rehabilitation expenses, income replacement, attendant care, and death and funeral benefits.
A tort claim is a lawsuit against the driver who caused the accident and their insurance company. You can file a tort claim if you suffered serious and permanent injuries that affect your ability to function and enjoy life. A tort claim can compensate you for your pain and suffering, loss of income and earning capacity, future care costs, and other losses that are not covered by accident benefits.
The process of filing a tort claim involves gathering evidence of liability and damages, negotiating with the insurance company, and possibly going to trial if a settlement cannot be reached. The average settlement for pain and suffering caused by a car accident in Ontario is $120,000, but this amount can vary depending on the severity of your injuries and the impact on your life. The statutory deductible of $39,556.53 applies to awards over $131,854.01 for non-pecuniary damages.
The time it takes to settle a car accident claim in Ontario can range from a few months to several years, depending on the complexity of the case, the cooperation of the parties, and the availability of the courts. It is important to consult with a personal injury lawyer who can advise you on your legal options and help you obtain the maximum compensation you deserve.
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If you have been injured in a car accident in Ontario, Canada, you may be entitled to a settlement from your insurance company or from the at-fault driver. However, getting a fair and reasonable settlement is not always easy. There are many factors that can affect the amount and timing of your settlement, such as:
- The severity and impact of your injuries
- The extent and duration of your medical treatment
- The amount of income loss and other expenses you incurred
- The liability and coverage of the parties involved
- The strength and evidence of your claim
- The negotiation skills and strategies of your lawyer
In this article, we will explain some of the steps and tips to help you get the best possible settlement for your car accident case in Ontario.
Step 1: Seek medical attention and document your injuries
The first thing you should do after a car accident is to seek medical attention for your injuries. This is not only important for your health and recovery, but also for your claim. Your medical records will serve as proof of your injuries and the treatment you received. They will also help determine the extent and impact of your injuries on your life and future.
You should also document your injuries as much as possible. Take photos of your injuries, keep receipts of your medical expenses, track your pain and suffering, and obtain copies of your medical reports. These documents will help you establish the value of your claim and support your demand for compensation.
Step 2: Report the accident and notify your insurance company
You are required by law to report any car accident that results in injury, death, or property damage over $2,000 to the police within 24 hours. You should also notify your insurance company as soon as possible after the accident. Failing to do so may jeopardize your coverage and benefits.
When you report the accident to your insurance company, you will be asked to provide some information about the accident, such as:
- The date, time, and location of the accident
- The names, contact details, and insurance information of the other parties involved
- The details of the vehicles involved, such as make, model, license plate number, etc.
- The details of the damage to the vehicles and any other property
- The details of any witnesses or police officers who attended the scene
- The details of any injuries or medical treatment you received
You should be honest and cooperative with your insurance company, but do not admit fault or liability for the accident. You should also avoid giving any recorded or written statements without consulting a lawyer first.
Step 3: Apply for accident benefits
If you have been injured in a car accident in Ontario, you may be eligible for accident benefits from your own insurance company, regardless of who was at fault for the accident. Accident benefits are designed to cover some of your expenses and losses after an accident, such as:
- Medical and rehabilitation costs
- Income replacement benefits
- Caregiver benefits
- Non-earner benefits
- Attendant care benefits
- Funeral and death benefits
To apply for accident benefits, you need to fill out an Application for Accident Benefits (OCF-1) form and submit it to your insurance company within 30 days of the accident. You will also need to provide other forms and documents to support your claim, such as:
- A Disability Certificate (OCF-3) completed by your doctor
- An Employer’s Confirmation Form (OCF-2) completed by your employer
- A Treatment Confirmation Form (OCF-23) completed by your health care provider
- A Treatment Plan (OCF-18) completed by your health care provider
Your insurance company will assess your application and determine whether you qualify for accident benefits and how much you are entitled to receive. You should keep track of all the correspondence and communication with your insurance company regarding your claim.
Step 4: Hire a lawyer and file a lawsuit
If you are not satisfied with the settlement offer from your insurance company or if you have a claim against the at-fault driver or another party, you may want to hire a lawyer and file a lawsuit. A lawyer can help you protect your rights and interests, evaluate your claim, gather evidence, negotiate with the insurance companies, and represent you in court if necessary.
In Ontario, you have two years from the date of the accident to file a lawsuit against the at-fault driver or another party. However, there are some exceptions and limitations that may affect your deadline, such as:
- If you are suing a municipality or the government, you have to give them a written notice of your claim within 10 days of the accident
- If you are suing an uninsured or unidentified driver, you have to give your insurance company a written notice of your claim within 30 days of the accident
- If you are under 18 years old at the time of the accident, you have until two years after you turn 18 to file a lawsuit
Therefore, it is advisable to consult a lawyer as soon as possible after the accident to avoid missing any deadlines or losing your right to sue.
Step 5: Negotiate and settle your claim
Most car accident cases in Ontario are settled out of court through negotiation and mediation. This means that you and the other party (or their insurance company) will try to reach an agreement on the amount and terms of your settlement without going to trial. This can save you time, money, and stress, and allow you to receive your compensation faster.
However, negotiation and mediation require skill and strategy. You should not accept the first offer that is made to you, as it is likely to be low and unfair. You should also not sign any documents or release any information without reviewing them carefully and understanding their implications. You should always have a lawyer by your side to advise you and advocate for you during the negotiation and mediation process.
If you and the other party cannot reach a settlement, then your case will go to trial. This means that a judge or a jury will decide the outcome of your case based on the evidence and arguments presented by both sides. Trial can be lengthy, costly, and unpredictable, but it may also result in a higher award for your damages. You should be prepared for both scenarios and follow your lawyer’s guidance on what is best for your case.
Conclusion
Getting a car accident settlement in Ontario can be a complex and challenging process. However, by following these steps and tips, you can increase your chances of getting the best possible settlement for your case. Remember to seek medical attention, report the accident, apply for accident benefits, hire a lawyer, and negotiate or settle your claim. If you have any questions or need any assistance with your car accident case, contact us today for a free consultation.