If you have been injured in a car accident in Ontario, you may be wondering what your legal options are and how much compensation you can expect to receive. Car accident claims in Ontario can be complex and involve different types of benefits and damages. Here are some important things you need to know about car accident settlement in Ontario.
Accident Benefits
Accident benefits are a type of no-fault insurance that covers some of your medical and rehabilitation expenses, income replacement, attendant care, and other costs related to your injuries. You can claim accident benefits from your own auto insurance company, regardless of who was at fault for the accident. However, the amount and duration of accident benefits you can receive depend on the severity of your injuries and the level of coverage you have purchased.
To apply for accident benefits, you need to notify your insurance company within seven days of the accident and submit a completed Statutory Accident Benefits Application (OCF-1) within 30 days. You may also need to provide other documents, such as medical reports, police reports, receipts, and income statements.
Tort Claim
A tort claim is a type of lawsuit that you can file against the driver or owner of the vehicle that caused the accident, if they were negligent or at fault. A tort claim allows you to seek compensation for your pain and suffering, loss of enjoyment of life, loss of income and earning capacity, future care costs, and other damages that are not covered by accident benefits.
To file a tort claim, you need to prove that the other party was negligent and that their negligence caused your injuries and losses. You also need to meet certain thresholds for your pain and suffering damages, such as having a permanent serious impairment of an important physical, mental, or psychological function or a permanent serious disfigurement. In addition, you need to be aware of the statutory deductible that applies to pain and suffering damages in Ontario. This is an amount that is deducted from your award unless it exceeds a certain limit. As of 2021, the deductible is $39,556.53 for awards over $131,854.01.
The process of filing a tort claim can be lengthy and complicated. You need to gather evidence, hire experts, negotiate with the insurance company, and possibly go to trial. The time it takes to settle a car accident claim in Ontario can vary depending on the circumstances of your case, but it can take anywhere from a few months to several years.
How Much Can You Expect to Receive?
The amount of compensation you can expect to receive from a car accident settlement in Ontario depends on many factors, such as the severity and impact of your injuries, the extent and duration of your losses, the liability and insurance coverage of the other party, and the strength of your evidence and arguments. There is no fixed formula or average amount for car accident settlements in Ontario. However, according to some sources, the average settlement for pain and suffering caused by a car accident in Ontario is $120,000.
It is important to consult with an experienced personal injury lawyer who can assess your case and advise you on your best course of action. A lawyer can help you navigate the complex legal system, protect your rights and interests, and maximize your recovery. If you have been injured in a car accident in Ontario, contact us today for a free consultation.
