Car Insurance and Personal Injury Law
Navigating the complexities of car insurance after an accident can be overwhelming. Ontario has a unique insurance system that offers both no-fault benefits and the ability to pursue claims against at-fault drivers. At Odette Rwigamba Lawyers, we help individuals understand their insurance rights, file claims, and, when necessary, take legal action to secure fair compensation. If you or a loved one has been injured in an accident, our personal injury lawyers are here to guide you through the car insurance claims process.
Overview of Ontario’s Car Insurance System
Ontario follows a no-fault insurance system, meaning that individuals involved in an accident receive compensation from their own insurance company, regardless of who is at fault. However, in serious cases, injured parties may also file a tort claim against the at-fault driver to recover additional damages.
Ontario’s car insurance system involves two key components:
- Statutory Accident Benefits Schedule (SABS): These benefits are available to everyone injured in a car accident, regardless of fault.
- Tort Claims: If the injury meets certain legal thresholds, you may file a lawsuit against the at-fault driver to recover compensation beyond what is covered by accident benefits.
What Are Statutory Accident Benefits (SABS)?
SABS provides essential benefits to help accident victims recover physically and financially. These benefits include:
- Medical and Rehabilitation Benefits: Covers treatment costs such as physiotherapy, chiropractic care, and assistive devices.
- Income Replacement Benefits: Pays up to 70% of lost income, capped at $400 per week.
- Non-Earner Benefits: Provides financial support for those unable to engage in normal activities and who are not eligible for income replacement.
- Attendant Care Benefits: Covers costs for personal care if the injury requires assistance with daily tasks.
- Catastrophic Injury Benefits: For severe injuries, benefits are extended to cover higher limits for medical and attendant care expenses, up to $1,000,000.
Our lawyers assist clients in filing accident benefit claims and ensuring they receive the full compensation they are entitled to under SABS.
When Can You File a Tort Claim Against the At-Fault Driver?
While accident benefits cover immediate medical and financial needs, they may not fully compensate for the losses resulting from serious injuries. A tort claim allows injured parties to sue the at-fault driver for additional damages, including:
- Pain and suffering (non-economic damages)
- Loss of income beyond the accident benefits cap
- Medical expenses not covered by insurance
- Housekeeping and home maintenance expenses
- Loss of future earning capacity
To file a tort claim, the injury must meet Ontario’s legal threshold for serious and permanent impairment. Our legal team can help evaluate your case and pursue a tort claim if the injury meets this threshold.
What Happens if the At-Fault Driver Is Uninsured?
If the at-fault driver does not have insurance, you may still receive compensation through your own insurance policy under the uninsured motorist coverage. This coverage ensures that injured parties are protected even if the responsible driver cannot pay for damages. Our lawyers can help you file uninsured motorist claims and ensure you receive fair compensation.
What If My Insurance Claim Is Denied?
Insurance companies sometimes deny or limit claims to protect their interests. If your claim is denied, you have the right to dispute the decision through negotiation, mediation, or legal action. Our lawyers have extensive experience dealing with insurance companies and can advocate on your behalf to secure the benefits you are entitled to.
We handle the entire claims process, including gathering evidence, submitting appeals, and, if necessary, representing you in court.
Common Mistakes When Filing a Car Insurance Claim
Many accident victims unknowingly jeopardize their claims by making avoidable mistakes. To protect your rights, avoid the following:
- Delaying medical treatment: Failing to seek immediate care can weaken your claim.
- Not reporting the accident on time: Accident claims must be reported to your insurer within 7 days.
- Providing incomplete information: Always provide full and accurate information when filing a claim.
- Accepting a low settlement: Insurance companies may offer quick settlements that do not fully cover your losses. Consult a lawyer before accepting any offers.
Our team will guide you through the process to avoid common pitfalls and maximize your compensation.
How Long Do You Have to File an Insurance Claim?
The deadlines for filing car insurance claims in Ontario are strict. You must report the accident to your insurer within 7 days and submit a formal application for accident benefits within 30 days.
For tort claims against an at-fault driver, you generally have two years from the date of the accident to file a lawsuit. Missing these deadlines can result in a loss of your right to compensation. Our lawyers ensure that all necessary documents are filed on time to protect your claim.
Why Choose Us for Car Insurance Claims?
At Odette Rwigamba Lawyers, we know how confusing and stressful the car insurance claims process can be. Our experienced personal injury lawyers are committed to providing personalized legal support to help you navigate the complexities of Ontario’s car insurance system. When you work with us, you can expect:
- Expert knowledge of Ontario’s car insurance laws
- Strong representation in negotiations and disputes with insurance companies
- Contingency fee arrangements, meaning you pay no legal fees unless we win your case
- Compassionate support throughout the legal process
We are dedicated to helping our clients secure the benefits and compensation they deserve, so they can focus on healing and recovery.
