Frequently Asked Questions

You are entitled to receive up to $200,000 in compensation from the Motor Vehicle Accident Claims Fund (MVACF).

Should you be involved in such a scenario, it is extremely important to consult with a personal injury lawyer as soon as possible.

In addition, your insurance company is required to compensate you for pain and suffering, loss of income and other benefits when the vehicle at fault is unidentified or uninsured.

Yes.

First of all you must commence your case within 2 years of the date of the accident. You can of course start it much earlier. From there your case should take 2-3 years to complete depending on whether you settle before trial or not. Remember it is not always desirable to settle a case right away. You need time to get treatment and attempt to return to work before you can really know what, if any, long term impact your injuries will have on your life and your ability to earn income.

Yes, not all people who are injured in car accidents may sue in Ontario even if they are not at fault for the car accident. To sue for pain and suffering arising from injuries sustained in a car accident you must meet the “threshold”. The Threshold is a legal term for a serious and permanent impairment. The legal test is not as high as catastrophic, in fact many people with whiplash injuries can meet the threshold. You should discuss with your lawyer if your injuries will likely meet the threshold or not.

No, not at all. The term “no fault” only refers to your accident benefits with your own insurance company. Your basic benefits from your SABS insurer will apply to you regardless of fault. In order to sue in Ontario you must be “not at fault” for the accident.

Several changes to the Statutory Accident Benefits regime in recent years has meant that yes you DO need many of the optional benefits offered by your insurance policy. Because they cost more money many people refuse them. Then they are injured in a car accident and realize why they are very important.

Let’s first look at Income replacement benefits optional increase. If you do not purchase this additional coverage your benefits should you be unable to work will be at a maximum 70% of your gross income to a maximum of $400/week. That’s $20,800.00 per year. If you make more than that and do not have any disability insurance either privately or at work then you MUST have optional coverage or you starve before your injuries heal.

But, you also don’t want to be OVER insured either. If you have good short term or long term disability insurance, you don’t have to buy an optional accident benefit increase for income replacement. Income replacement benefits are net of disability benefits. In other words you get one or the other, not both.

Another important thing to note is if you are self-employed and run a lot of expenses through your business to reduce your income then DO not purchase optional benefits. Go get a good long term disability policy instead.

There are also optional benefits for housekeeping help and attendant care. Please review ALL these option with your insurer prior to finalizing your auto policy this year.