|
|
MVAs
It is very difficult for people who have never
been injured in a serious car collision to understand
the challenges faced by innocent accident victims
in the Province of Ontario. The first challenge
that injured people face is simply coming to terms
with the fact that their lives have been changed
forever and trying to get the proper care and treatment
in order to struggle to return to the lives they
had once taken for granted. The second challenge
comes from the realisation that the legislation
that governs claims of innocent accident victims
penalizes them for nothing more than being at the
wrong place, at the wrong time. From deducting $30,000.00
from any award for pain and suffering to entirely
eliminating any award for pain and suffering for
those injuries that do not meet a stringent threshold
of injury, innocent accident victims in the Province
of Ontario must ensure that they have surrounded
themselves with competent professionals in order
to ensure their rights will be protected.
Accident Benefits
If you have been injured by a motor vehicle collision
in the Province of Ontario that requires you to
seek treatment, you must submit a claim for accident
benefits. If you are the listed policyholder on
a car insurance policy, you will likely claim accident
benefits through your own insurer, no matter who
was at-fault for the accident. Simply submitting
a claim for accident benefits will not affect your
premiums in any way.
Applying for Accident Benefits
There are a number of forms that must be completed
before you will be entitled to any accident benefits.
It is important to retain counsel at the earliest
opportunity so that you will be immediately provided
with those forms that are necessary so as not to
delay your access to much needed benefits.
Medical benefits are available
to a person who sustains physical, psychological
or mental injuries as a result of the collision.
The type of benefits available are for all reasonable
expenses resulting from the accident for necessary
treatment.
Weekly
Benefits: there are three different types
of benefits that are paid every two weeks. You can
not receive more than one of the following benefits:
(1) Caregiver Benefits are available
to reimburse for the costs of a caregiver to
assist you in caring for any children for whom
you are principally responsible under the age
of 16 years or for disabled adults. The maximum
amount that you can be reimbursed is $250 weekly
for one individual and an additional $50 for each
additional individual;
(2) Income Replacement Benefits
are available if you were working on the date
of the collision, had worked for at least six
months during the year before the accident or
were on employment insurance benefits at the time
of the collision and cannot return to your employment.
You are only entitled to 80% of your net pre-accident
weekly income to a maximum of $400.00
(3)
Non-earner Benefits are payable to those
people suffering a complete inability to carry on
with their pre-accident activities. If you qualify
for this benefit, you will receive $185.00 per week,
but the benefit only becomes payable 6 months after
the injury date.
Attendant Care benefits are available
to you if you require the assistance of an attendant
to perform activities you are no longer able to
perform. The amount of attendant care you need must
be determined by a health care practitioner. The
most you can claim for this benefit is $3,000.00
monthly for all but the most serious injuries.
Expenses
You are entitled to repair or replacement of clothes,
glasses, hearing aids and other devices that might
have been damaged in the collision;
You are entitled to claim reimbursement for up to
$100 maximum per week for Housekeeping
services that you performed before your injury but
now are no longer able to do;
You are entitled to be reimbursed for the costs
of any assistive devices that are
purchased to assist in your recovery;
For all the above noted benefits, if there is
a dispute with the insurer, you may Mediate the
dispute with the insurer and, if the mediation or
negotiation process fails, you may proceed to either
an Arbitration at the Financial Services Commission
of Ontario or a lawsuit filed at the Superior Court
of Justice.
Any dispute over benefits must be referred to
Mediation within two years of the insurer’s
denial or else your claim for than benefit may be
statute barred.
Lawsuit for Pain and Suffering
and Other Damages
In Ontario, innocent accident victims can sue those
individuals who were responsible for their injuries.
This is called a lawsuit or tort claim. The types
of things you can claim for in a lawsuit might include:
healthcare expenses;
loss of past and/or future income;
pain and suffering;
loss of the care, guidance and companionship of
family members;
housekeeping/handyman assistance.
There are a number of factors that must first be
carefully considered before starting a tort claim:
1. Liability: even if you are partly at fault
for a collision, you are still entitled to compensation
for your injuries. The amount of compensation
will be reduced by your level of fault. You are
unable to succeed in a lawsuit if you were entirely
at fault for the collision or if you were operating
a motor vehicle without a valid insurance policy;
2. The nature of your injuries: as surprising
as it may sound, not everyone injured by the carelessness
of another is entitled to compensation for their
injuries. Section 267 of the Insurance Act takes
away the right to sue for general damages (pain
and suffering) from bodily injury resulting either
directly or indirectly from the use of an automobile,
except from innocent accident victims who suffer
permanent and serious disfigurement, or permanent
and serious impairment of an important physical,
mental or psychological function (the injury threshold).
If a court determines that you are injured, but
that your injury does not meet the threshold,
you are not entitled to any compensation for pain
and suffering.
A deductible applies to all lawsuits involving
motor vehicle accidents. If your accident was
before October 1, 2003, the deductible is $15,000.00.
If your accident was after October 1, 2003, the
deductible is $30,000.00 unless your award for
pain and suffering is determined to be in excess
of $100,000.00.
Due
to the limiting factors set out above, the decision
on whether or not to start a lawsuit might have to
wait for a number of months following your injury.
Most claims must be issued in court no later than
the two year anniversary following the collision.
If there is a real possibility of making a claim,
you are required to provide notice to the at fault
parties within 120 days of the collision. Failure
to provide notice within 120 days does not prevent
you from starting a claim, but can affect your entitlement
to interest ans your lawyer’s fees if your
case goes to trial.
If you are an innocent accident victim, make sure
that you retain competent counsel so that your rights
to fair compensation are not eroded by the Provincial
legislation currently in place.
|
|
|
