Accident Claims Guide
We have created this Accident Claims Guide because when you or a loved one has been in a serious accident, knowing what to do next can be very confusing. At Campisi LLP, we are deeply committed to supporting you through these stressful times so that you can recover. To help you understand the potential ways you can be fairly compensated for your injuries, we have compiled this brief guide.
COMPENSATION SOURCES IN ONTARIO
If short-term or long-term disability benefits are available through your employment or a privately purchased policy, you should apply for these benefits immediately following your accident. These policies will be the first payor of your benefits. Your car insurance will only pay for your benefits once the private or disability insurance limits have been exhausted or denied.
If you are involved in a car accident, Ontario has an Accident Benefits system that was designed to provide you with fast access to essential benefits when you are injured, regardless of who is to blame for the accident. They are often referred to as “no-fault” benefits. Under the no-fault system, each person deals directly with their own car insurance company for post-accident treatment and health care, income replacement and other benefits.
Note: If you were injured on a snowmobile, ATV or other recreational vehicle, you might also be entitled to no-fault benefits.
Negligence Lawsuits (Fault-based)
In addition to your accident benefits claim, you can sue the parties responsible for damages caused by their negligence. This is called a tort claim and can include compensation for:
- Pain and suffering (called “non-compensatory” or “general” damages);
- Actual economic losses and out-of-pocket expenses;
- Cost of future medical treatment and care;
- Cost of future attendant care;
- Loss of future ability to earn money in the job market;
- Cost of housekeeping and caregiving;
- Loss of shared family income;
- Loss of care, guidance and companionship suffered by your immediate family; and
- Economic losses suffered by family members.
For more information on available benefits and amounts, please see the Accident Benefits table in our Car Accident eBook.
If you were injured by a motor vehicle, regardless of whether you were a cyclist or pedestrian, your accident benefits and your damages in a lawsuit could be paid by any the following sources:
- The Ontario Motor Vehicle Accident Claims Fund;
- The driver’s insurance; or
- Your own car insurance (if you have any), your spouse’s, or a parent’s (if you are a dependant)
Even if you think you caused or contributed to the accident, you should consult with Campisi LLP or another law firm as soon as possible. Negligence by the city or municipality could be also involved, including: ice- or snow-covered roads, defects on the road surface, improper road design and line-of-sight obstructions. To sue a municipality you must provide notice of the possible litigation within 10 days after the accident date. You can have confidence and peace of mind that we will take the necessary steps to protect your rights.
NO FAULT CAR ACCIDENT BENEFITS
We can advise you regarding your potential access to Accident Benefits. When they are available, you must respond promptly as there are strict time limits.
- Within 7 days of the accident - You must Inform your insurance company of the accident and that you were hurt. They will send you an application for accident benefits.
- Within 30 days of receiving the accident benefits application - You must submit the completed application to your insurance company. If you miss this deadline, the insurer can delay your benefits for 45 days and may be able to deny you benefits altogether.
- Within 10 business days of receiving a Request for Information from your insurance company - You must submit the completed form to your insurer. If you miss this deadline, they can suspend or deny your benefits.
- Within 2 years of a denial of any benefit by your insurance company - You must apply to the Licence Appeal Tribunal if you want to dispute the denial.
Generally, you have two years from the date of the accident to file a lawsuit against the at-fault parties. There are limited exceptions which might extend the limitation period we can discuss with you.
At Campisi we have achieved exceptional results for our clients against Canada’s largest and most powerful insurance companies (and the law firms that represent them) including: AIG, Allstate, Aviva, Chubb, Cooperators, Desjardins, Economical, Intact, Lloyd’s, Northbridge, RBC, RSA, TD, Travelers, Wawanesa and Zurich. Contact us today to learn how Campisi LLP can help you with your case.