General Questions About Car Accidents in Ontario
What should I do immediately after a car accident?
Make sure everyone is safe, call emergency services if there are injuries, exchange information with the other driver(s), take photos of the scene, and report the accident to the police if required. Then, notify your insurance company within 7 days.
Do I need to report all car accidents to the police?
In Ontario, you must report the accident to the police if there are injuries, damage over $2,000, or if the accident involves government property, such as guardrails. For minor collisions, you can report the incident at a collision reporting centre.
When should I contact a personal injury lawyer after a car accident?
It’s best to contact a personal injury lawyer as soon as possible after the accident. They can help you understand your legal rights, assist with insurance claims, and guide you through any potential tort claims against the at-fault driver.
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Insurance and No-Fault Benefits
What is no-fault insurance, and how does it work in Ontario?
No-fault insurance means that each driver’s own insurance company covers their accident benefits, regardless of who caused the accident. However, if the injuries are serious, you can still pursue a tort claim against the at-fault driver for additional compensation.
What are Statutory Accident Benefits (SABS)?
SABS are benefits available through your own insurance, covering medical expenses, income replacement, rehabilitation, and more, regardless of who was at fault for the accident.
How do I apply for accident benefits?
You must notify your insurance company within 7 days of the accident and submit a formal application for accident benefits within 30 days. A personal injury lawyer can help ensure your application is complete and accurate.
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Compensation and Claims
What compensation can I receive after a car accident?
Compensation may include medical expenses, income replacement, pain and suffering, future care costs, and loss of earning capacity. A personal injury lawyer will assess your case to determine all the compensation you are entitled to.
Can I sue the at-fault driver for damages?
Yes, if your injuries meet the serious and permanent impairment threshold, you may file a tort claim to seek additional compensation for pain and suffering, lost income, and medical expenses beyond what is covered by your insurance.
How is fault determined in a car accident?
Insurance companies in Ontario follow the Fault Determination Rules to assess responsibility based on the circumstances of the accident. Multiple drivers may share fault, and compensation may be adjusted accordingly.
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Dealing With Insurance Companies
What if my insurance company denies my claim?
If your claim is denied, you can dispute the decision through negotiation, mediation, or legal action. Our lawyers are experienced in dealing with insurance companies and will fight to ensure you receive the benefits you deserve.
Can my insurance premiums increase after a car accident?
If you are found at fault, your premiums may increase upon renewal. Some policies offer accident forgiveness, which can prevent your premiums from rising after your first at-fault accident.
What if the at-fault driver is uninsured?
You can still recover compensation through your own policy’s uninsured motorist coverage, which protects you if the other driver does not have insurance.
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Time Limits and Legal Process
How long do I have to file a personal injury claim?
You generally have two years from the date of the accident to file a tort claim. However, certain deadlines apply to insurance claims, such as reporting the accident within 7 days and submitting the benefits application within 30 days.
What is the serious and permanent impairment threshold?
This threshold determines whether you can file a tort claim for pain and suffering. The injury must result in a serious, permanent impact on your physical or psychological well-being.
How long does it take to resolve a car accident claim?
The timeline varies depending on the complexity of the case and whether it settles out of court. Some cases are resolved in a few months, while others may take a year or more if litigation is involved.
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Injuries and Long-Term Impact
What are common injuries from car accidents?
Common injuries include whiplash, fractures, traumatic brain injuries (TBI), spinal cord injuries, internal injuries, and psychological trauma, such as post-traumatic stress disorder (PTSD).
Can I receive compensation for psychological injuries?
Yes, psychological injuries such as PTSD, anxiety, and depression are recognized under personal injury law. These injuries may be included in your accident benefits claim and, in serious cases, may meet the threshold for a tort claim.
What happens if I cannot return to work due to my injuries?
You may be eligible for income replacement benefits through your insurance, and you can also seek compensation for loss of future earning capacity through a tort claim against the at-fault driver.
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Mediation, Settlement, and Legal Representation
Can car accident claims be settled out of court?
Yes, many car accident claims are resolved through negotiation or mediation without going to court. Our lawyers work to secure a fair settlement, but if necessary, we are prepared to represent you in court.
What if the other driver offers a settlement?
It is important to consult with a personal injury lawyer before accepting any settlement offer. Insurance companies may offer low settlements to close claims quickly. A lawyer will assess whether the offer is fair based on your injuries and losses.
Do I need a lawyer for my car accident claim?
While you are not legally required to hire a lawyer, having experienced legal representation ensures that your rights are protected and that you receive the compensation you are entitled to. A lawyer can handle negotiations, gather evidence, and represent you in court if necessary.
