Motor Vehicle Accidents

What comes after the insurance claim when you’re involved in a motor vehicle accident? Partner Michael Bennett explains in this video.

When someone’s involved in a car accident in Ontario, they have two cases. The first case is with their own automobile insurer, and that’s called your Accident Benefit Case. You might have a second case, so if you’ve suffered a permanent and serious injury, and someone else is at fault for your accident, you can sue that person for certain losses.

How does your claim for at-fault benefits proceed?

So your accident benefits claim will start first. You apply, usually, to your own automobile insurer, and they will pay for things that you need right away after your accident. You need physio right away, you need to get started, and that’s why the Government of Ontario put together a scheme where everybody gets accident benefits or no-fault benefits. Many of these things that you need immediately are rehab things that aren’t going to be paid for by OHIP.

How does the case against the at-fault driver proceed?

The case against the at-fault driver, also known as the tort case, is very different than your claim for accident benefits. If someone is at fault for your accident, then you need to overcome a second barrier to make a claim – and that is you need to prove that you’ve suffered a permanent and serious impairment.

Do I need a lawyer?

You don’t need a lawyer to pursue your claim for accident benefits, but it may be a good idea in certain circumstances. You must have a lawyer if you want to sue the at-fault driver for your losses.

Contact Thomson Rogers LLP if you’ve been involved in a motor vehicle accident for a free consultation.

Michael Bennett is a Personal Injury Partner at Thomson Rogers LLP. He is willing to go the extra mile to see clients receive the treatment they require and deserve, with a special interest in complicated orthopaedic injuries, brain injuries and spinal cord injuries. You can reach Michael at 416-868-3246 or by email.