Motor Vehicle Accidents
When one sustains an injury in a motor vehicle accident there are two potential sources for recovery. The first source that your lawyer will automatically look to are your Statutory Accident Benefits (SAB’s). Anyone injured in a motor vehicle accident is entitled to SAB’s regardless of fault. The second source for recovery is through a tort claim or by suing the other parties who may be at fault or have contributed to you sustaining your injuries.
- Statutory Accident Benefits – The law in Ontario requires all owners of vehicle to have auto insurance and all auto insurance policies provide for SAB’s. Even if you were not the driver and were only a passenger, or a pedestrian and do not even have your own policy of auto insurance, if you were injured in a car accident you are entitled to claim SAB’s from the insurance policy in place for the vehicle. All injured persons in a car accident are entitled to SAB’s regardless of who is at fault in the accident which is why they are commonly referred to as “no fault benefits”. SAB’s provide benefits, within limits, for the following:
- Caregiver Benefits / Income Replacement Advantages / Non-Earner Benefits
- Rehabilitation and Medical Benefits (for physiotherapy + miscellaneous treatments)
- Attendant Care Benefits – So that you can pay for an Attendant
- Housekeeping Benefits
- Death and Funeral expenses
- Travel and Relocation Expense
- Purchase of Damaged Clothing and Apparel
- Tort Claim – Unlike SAB’s, a tort claim is dependant up fault. With a tort claim you are seeking money compensation for your injuries and the losses sustained because of them. Even if another party is only 1% percent responsible for the accident that caused your injuries, you are entitled to seek that 1% of your losses from them. As the SAB’s may not completely cover all of the costs you face now or all of the future losses associated with your injuries, the tort claim allows you to claim what may not be covered. This is an especially important function of the tort claim as things such as a future loss of income can easily add up to large sums where the impact of the injury will be felt for years to come. It is through the tort claim you are able to seek out compensation for your pain and suffering. If family relationships have been affected by your injuries, depending on the circumstances, a tort claim may allow family members to be compensated for loss of your guidance and companionship due to the accident.
We have many years of experience in dealing with these types of claims and would be happy to provide you with a free consultation so that you are aware of what your rights, obligations and entitlements are when injured in a car accident.