The Province’s No-Fault Insurance Law Will Cover your Car Accident
in Toronto
Toronto is Accident-Prone!
There is no question about it – the rate of car
accidents in Toronto suggests that the city is a risky place to drive. Traffic
congestion is incredible and drivers are increasingly frustrated – and
distracted. One City of Toronto study reports that the injury rate for
accidents – including bicycles and pedestrians – was 561 per 100,000 people.
The city now keeps a careful study of accident statistics, quantifying the risks involved in driving in Toronto.
Given the relatively high odds of getting in an
accident, you need to educate yourself as to your rights and options should you
suffer a personal injury. There are a number of avenues you can pursue, but –
like the streets of Toronto – those routes are crowded and fraught with peril.
Ontario’s No-Fault Insurance – How It Works and Its Benefits
Ontario drivers must be insured. The province has a
"no-fault” system, which has removed the need to litigate a settlement for
every accident. Instead, injured parties are entitled to benefits from their
own insurance carrier. The province’s Insurance Act provides statutory minimum
benefits that are available to injured parties, no matter who caused the accident.
These benefits range from income replacement benefits to rehabilitation
benefits. There are also provisions for catastrophic benefits in cases of brain
injury or spinal cord injury.
However, there are situations in which an injured
person does not qualify for support. They include: driving without a valid
license, driving without insurance, driving while impaired or using the vehicle
for criminal activity, and misrepresenting information when applying for auto
insurance. (Nevertheless, there are avenues open to the uninsured through other
sources, including the province’s Motor Vehicle Accident Claims Fund.)
What Kind of Lawyer Should You Get?
Both the benefits available under the Ontario
Insurance Act and any further litigation that arises out of the negligence of
the other party require the assistance of a lawyer. The law is simply too
complex, and there are almost as many time limitations and exceptions as there
are potholes on Toronto streets.
Make sure you hire an experienced personal injury Law Firm.
The initial consultation must take place as soon as possible after the
accident, because you have to inform your insurance provider within seven days
that you are launching a claim. At that first meeting, you must establish the parameters
of payment. The lawyer should be willing to take your case on a contingency fee
basis – and that fee level should be established. This means that any
recompense to the lawyer will be taken out of the eventual settlement – and you
will not be charged for expenses or charges during the process.
The lawyer will take the time to understand your
situation, the accident itself and the harm that was done. Depending on the
extent of your injuries, a decision will soon be taken as to launching a
separate tort action. Like the claim under the no-fault system, there are
statutes of limitations for civil suits and you need to proceed with some
speed.
Car accidents in Toronto are common, and outcomes
of litigation and claims vary. Increase your chances of success with a
reputable personal injury lawyer.