Legal FAQs and General Information

ACCIDENT BENEFITS

Who can claim accident benefits?

Every person injured in a motor vehicle accident in Ontario is entitled to claim accident benefits, or 'no-fault' benefits, from their insurance company. If a person is not insured, they are entitled to claim these benefits from the insurer of the other individual involved in the motor vehicle accident. If there is no available insurance, an injured person may make a claim for accident benefits to the government's Motor Vehicle Accident Claims Fund.

What are accident benefits?

Accident benefits, or no fault-benefits, are statutory benefits provided to victims of motor vehicle accidents in Ontario. They are governed by the Statutory Accident Benefits Schedule, which is a regulation under the Insurance Act.

What types of accident benefits are available?

The types of available benefits are various and may include income replacement benefits, non-earner benefits, attendant care benefits and medical and rehabilitation benefits. Please note that this list is NOT exhaustive and additional benefits are available in the case of catastrophic impairment. Please contact us for more information.

How much money can I get?

Each benefit has a statutorily prescribed maximum. Please note that in the case of catastrophic impairment and in cases where additional coverage is purchased, different maximums apply. Please contact us for more information.

Do I automatically qualify for accident benefits?

No. Each benefit has its own qualifying criteria. Please contact us for more information.

TORT CLAIMS

What is a tort claim?

A tort claim is a lawsuit for damages against a party or parties who has committed a civil wrong or an act of negligence against another party or parties. The person suing is known as the plaintiff and the person who is being sued is known as the defendant.

Can I sue the driver who hit me in tort?

The short answer is: that depends. Due to the no-fault scheme in Ontario, in order to maintain a successful lawsuit against an at-fault third party, you must meet two criteria, known as the 'verbal threshold':
(1) You must have sustained a serious and permanent impairment of an important physical, mental or psychological function or have sustained a serious and permanent disfigurement; and
(2) Your injuries must exceed the statutorily prescribed deductible which is $30,000.00 as of October 1, 2003.
Contact us for more information.

How long do I have to sue the driver who hit me?

You have two years from the date of your accident to sue the at-fault third party or parties.

What if I missed the two-year limitation period?

If you missed the two year limitation period, your claim will be statute barred and will not succeed. The only exception to this rule is a principle known as the discoverability principle which permits the two-year period to run from the date when you knew or ought to have known that your injuries met the verbal threshold.

What types of things can I claim?

Typical relief sought in motor vehicle accident tort claims are general damages, or damages for pain and suffering, loss of income, loss of economic opportunity and loss of housekeeping and homemaking capacity. Please note that this list is not exhaustive. Please contact us for more information.

How much money can I get?

The amount of money recoverable in a tort claim varies case by case and depends on the particular circumstances and injuries of the individual along with the law of Ontario. Please contact us for more information.