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Know Your Rights

Applying for compensation after being injured in a car accident is a complex and time-consuming process. In the case of a lawsuit, for example, it normally takes three years before a settlement is achieved. If you’ve been injured in a car accident, it is important to understand your rights.

There are two types of compensation available to people who have been injured in a car accident in Ontario, accident benefit claims and lawsuit, or tort, claims.

With an accident benefit claim, anyone injured in a car accident is entitled to some form of compensation. In accordance with the province’s “no-fault” insurance system. This is true regardless of who is to blame and who is injured. Whether the injured person is a driver, passenger, or pedestrian, he or she is entitled to some form of compensation including medical and rehab expenses, caregiver and dependent care costs, loss of income, and housekeeping expenses. If you’ve been injured in a car accident, you must submit an Accident Benefits Claim form to your insurance company as soon as possible. The amount of the benefit you might receive varies from case-by-case basis but it is typically governed by the Statutory Accident Benefits Schedule.

In the case of a lawsuit, or tort, claim, if you’re injured in a car accident that you’re not responsible for, you are also entitled to sue the at-fault driver as long as you file the lawsuit within two years of the accident. There are three main claims for damages. The first, pain and suffering, relates to both your physical and psychological injuries. Amounts for pain and suffering vary depending on the seriousness of your injuries and whether or not they are permanent. Loss of income, the second type of claim, refers to 80% of the injured victim’s net after-tax income loss (up to trial) and 100% of future loss of income post-trial. The third type of claim relates to the new cost of past and future care. Damages in some cases can be in the millions.

Related Information

I have not seen a case which has been better prepared or presented than this one.  In addition to the very substantial success, a number of matters arose during trial which demonstrated to me the thorough, sophisticated and ingenious way in which all aspects of this case were prepared and direct and cross-examinations were conducted (by Richard Shekter).

Justice O'Brien

Roberts v Morana

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