In Ontario, there is a legislated system in place that seriously limits your rights to sue and recover damages for injuries sustained as a result of a motor vehicle accident. At the same time, this system makes available a schedule, or list, of mandatory benefits.
In its most basic terms, the system consists of the two following parts:
1. A set of conditions and criteria that must be met before you are entitled to receive damages for specific physical and psychological injuries. This is known legally as a “tort claim”. For more information about this, please refer to “When can I sue for my physical injuries?” in the accident benefits guidebook.
2. A prescribed set of mandatory benefits, “Accident Benefits”, that insurers must pay to injured parties, including “at fault” drivers, passengers in vehicles, and injured pedestrians. Some details about these benefits are set out in our accident benefits guidebook under the heading “What are Accident Benefits?”
The process of recovering damages and benefits through insurers is anything but simple. The formal application, required documentation and supporting materials can overwhelm even accomplished legal professionals who are not familiar with this area of the law.
It is essential that you consult an experienced personal injury law firm as early as possible to protect your rights after an accident. Based on the unique facts of your case, your lawyer can help you pursue the best legal path to full financial recovery.