Car Accidents in Ontario
If you’ve been injured in a car accident, the aftermath can be overwhelming—physically, emotionally, and financially. At Odette Rwigamba Lawyers, we understand the challenges that accident victims face. Our experienced personal injury lawyers are here to guide you through the legal process and help you secure the compensation you need to recover. Whether you’re dealing with injuries, property damage, or denied insurance claims, we are committed to fighting for your rights.
Your Legal Rights After a Car Accident in Ontario
In Ontario, individuals injured in motor vehicle accidents have two key avenues for compensation:
- Statutory Accident Benefits (SABS): Benefits provided by your own insurance, regardless of fault.
- Tort Claims: A lawsuit against the at-fault driver for additional damages not covered by insurance.
Understanding your rights under these two systems is essential to ensuring that you receive fair compensation for your losses. Our legal team can help you navigate both the accident benefits process and the tort claim if necessary.
Statutory Accident Benefits (SABS)
Regardless of who is at fault, injured drivers and passengers are entitled to statutory accident benefits from their own insurance company. These benefits cover:
- Medical and rehabilitation expenses for treatment, therapy, and recovery.
- Income replacement benefits up to 70% of gross income, capped at $400 per week.
- Attendant care benefits for those needing personal assistance with daily activities.
- Attendant care benefits for those needing personal assistance with daily activities.
- Attendant care benefits for those needing personal assistance with daily activities.
The amount of benefits depends on the severity of the injury, with higher limits available for catastrophic injuries. Our lawyers can assist you in filing accident benefit claims and ensure you receive the full compensation you are entitled to.
Filing a Lawsuit Against the At-Fault Driver (Tort Claim)
In addition to accident benefits, you may be able to file a tort claim against the at-fault driver to recover additional damages not covered by your insurance. A tort claim allows you to seek compensation for:
- Pain and suffering (non-economic damages).
- Loss of income beyond the accident benefits cap.
- Medical expenses not covered by insurance.
- Housekeeping and home maintenance costs.
- Loss of future earning capacity if you are unable to return to work.
To file a tort claim, the injury must meet Ontario’s legal threshold for serious and permanent impairment, which can include physical, emotional, or psychological harm. Our team will evaluate your case and help determine whether you meet the threshold for a tort claim.
What to Do After a Car Accident
Taking the right steps immediately after a car accident can strengthen your claim and protect your legal rights. Here are the key steps to follow:
- Seek medical attention immediately, even if injuries seem minor.
- Report the accident to the police if injuries, significant damage, or dangerous conditions are involved.
- Document the scene by taking photos of the vehicles, injuries, and any hazards.
- Collect information from the other driver(s), including contact details, insurance information, and license plate numbers.
- Report the accident to your insurance company as soon as possible.
- Consult with a personal injury lawyer to discuss your legal options.
Our lawyers will guide you through the claims process and ensure that every necessary step is taken to build a strong case.
Common Injuries From Car Accidents
Car accidents can result in a wide range of injuries, from minor to catastrophic. Some of the most common injuries include:
- Whiplash and soft tissue injuries
- Fractures and broken bones
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Internal injuries to organs
- Psychological trauma, such as anxiety or PTSD
Whether your injuries are minor or life-altering, we are here to help you pursue the compensation you deserve.
Dealing With Insurance Companies
Insurance companies may try to minimize or deny your claim to protect their interests. Our experienced lawyers know how to deal with insurance adjusters and ensure that you receive fair treatment. We handle:
- Filing accident benefit claims with your insurance company.
- Negotiating settlements with the at-fault driver’s insurer.
- Challenging denied claims through mediation or legal action.
We advocate for your rights every step of the way, so you can focus on recovery while we manage the legal process.
How Long Do You Have to File a Claim?
In Ontario, you must report the accident to your insurance company within 7 days and submit a formal application for accident benefits within 30 days.
If you intend to file a tort claim against the at-fault driver, you generally have two years from the date of the accident to do so. Failing to meet these deadlines can jeopardize your right to compensation. Our lawyers ensure that all timelines are met and that your claim is filed correctly and on time.
Why Choose Us for Your Car Accident Claim?
At Odette Rwigamba Lawyers, we know how difficult life can become after a car accident. We are committed to helping you navigate the legal system and secure the compensation you deserve. When you choose us, you benefit from:
- Experienced representation in car accident cases
- A dedicated team that handles all aspects of your claim, from paperwork to negotiations
- Contingency fee arrangements, meaning you pay no legal fees unless we win your case
- Compassionate support throughout the process
We take the stress out of the legal process so you can focus on your recovery.
