Lawsuit - Motor Vehicle Accident - Your Rights

If you have been involved in a motor vehicle accident, you may bring a lawsuit against the person who hit you. In the lawsuit you may be able to get compensation (also called “damages”) in the following areas:

• Non-pecuniary general damages
  These are damages for pain and suffering, loss of enjoyment of life, and loss of amenities. This claim is subject to a deductible of $30,000.00 and your injury must be such that you have a permanent and serious impairment of an important physical, mental or psychological function (this is called the “threshold”).
• Past & future loss of income
  You may receive 80% of your net (after tax) loss of income before trial (less any accident benefits, which are received). After trial, you person can receive 100% of your gross (before deduction for taxes) loss of income.
• Loss of household & handyman capacity
  You may receive compensation if you require help with household and handyman chores.
• Future cost of care
  You may receive compensation for the cost of medical and rehabilitation expenses, which includes expenses for aids and devices to assist you in your rehabilitation and ability to function, if you meet the threshold as set out above.
• Damages for family members
  Close family members may also advance what is referred to as a Family Law Act claim. The claim of each family member is subject to a deductible of $15,000.00. The main categories of damages of a family member of an injured person advancing a Family Law Act claim are as follows:
• Loss of guidance, care and companionship.
• The value of nursing, housekeeping and other services the family member has performed or will perform for or on behalf of the injured person.
• Loss of income.
• Reasonable expenses incurred on behalf of the injured person.

Potential No-Fault Benefits (Accident Benefits)

In addition to potential compensation through a lawsuit, you may also be entitled to receive certain benefits from your insurance company. These are called accident benefits or no-fault benefits and you can get them even if the accident was your fault. The potential benefits that you may get include the following. The amounts can vary, depending on the date of your accident and the renewal date for your insurance policy and whether or not you have purchased any optional benefits. If your injuries are deemed to be catastrophic you are entitled to significantly higher limits and all benefits are payable for life, as long as you continue to meet the eligibility criteria.

• Income Replacement Benefits
  You can receive these benefits if at the time of your accident you were working and you are now unable to work due to your injuries. You can receive no income replacement benefits for the first 7 days after a collision and thereafter, as long as you qualify, you receive 70% of your gross weekly income after deducting any benefits you may be entitled to from other sources such as a disability plan at work. If you have a benefits plan at work you should let us know and make sure that you apply for any benefits available. The maximum that can be received for income replacement benefits is $400.00 per week. 
• Caregiver Benefits (Optional)
  If you were primarily responsible for the care of an individual before the collision and you are not able to care for this individual after the accident due to your injuries, you may receive a caregiver benefit. You can receive $250.00 per week if someone has taken over the caregiving duties that you performed before the accident.
• Medical & Rehabilitation Benefits
  A person is entitled to receive up to $50,000.00 of medical and rehabilitation benefits for expenses, which are not covered by OHIP or some other health or disability plan, incurred up to 10 years after the accident. These types of benefits include physiotherapy, massage therapy, medication and any other item that you may need to help with your recovery.
• Housekeeping and Home Maintenance Benefits (Optional)
  Your provider can receive $100.00 per week for reasonable expenses incurred for housekeeping and home maintenance (e.g. cleaning, cutting grass etc.). These benefits are paid if you suffer a substantial inability to perform these services and you performed these services before the accident. These expenses are paid for 104 weeks following the accident. 
• Attendant Care Benefits
  If you are unable to care for yourself (e.g. shave, shower) following the accident and it is necessary for someone to help you, your provider can receive up to $3,000.00 per month for two years (which is a maximum of $36,000.00).