Car and Motorcycle Accidents: Tort Claim Against the At-Fault Party
Ontario has a no-fault insurance system for automobile and motorcycle accidents, which allows you to obtain accident benefits irrespective of fault. In addition, an injured person can also obtain compensation from the at-fault driver's insurance company.
If you are injured as a result of a car or motorcycle accident, you may be entitled to compensation from two sources:
1. Accident Benefits from your own automobile insurance policy or from the insurance for another vehicle involved in the accident
2. Tort Claim against the at-fault driver for compensation, including damages that are not available through accident benefits, such as pain and suffering.
If you are injured as a result of a car or motorcycle accident, you may be entitled to compensation from two sources:
1. Accident Benefits from your own automobile insurance policy or from the insurance for another vehicle involved in the accident
2. Tort Claim against the at-fault driver for compensation, including damages that are not available through accident benefits, such as pain and suffering.
Tort Claim
The tort claim is made against the at-fault driver for compensation. It is usually defended and paid for by the other driver's insurance company. The tort claim is in addition to the accident benefits you receive from your own insurance company. In car and motorcycle accidents, you can claim the following compensation:
Pain and Suffering
Loss of Income
Housekeeping and Home maintenance expenses
Health Care and Rehabilitation Expenses
Loss of guidance, care and companionship on behalf of family members.
Pain and Suffering / General Damages:
In automobile accident cases, pain and suffering awards are only recoverable if you suffer a permanent and serious impairment. Additionally, the damages for pain and suffering may be subject to a deductible of $30,000. Presently this deductible applies only if the pain and suffering award is less than $100,000.
Loss of Income and Competitive Disadvantage:
You can claim up to 70% of your past income loss. Future income losses are recoverable at 100% gross income.
Income loss claims are complex and require expertise in the form of medical opinions, vocational assessments and actuarial and accounting information. Even if you return to work, you may be entitled to claim for diminished earning capacity and reduced work-life expectancy.
Housekeeping and Home Maintenance Costs:
You may claim for housekeeping and home maintenance costs if you require assistance with indoor and outdoor household chores, including housekeeping, meal preparation, laundry, grass cutting, snow removal, etc.
Healthcare and Rehabilitation Expenses:
You may claim for healthcare and rehabilitation expenses necessitated by your injury.
Family Member Claims:
Close family members may be able to make a claim under the Family Law Act, for the loss of guidance, care and companionship. Presently, there is a monetary deductible of $15,000 on family member claims.
In the case of the death of a loved one, the claim can include loss of income and loss of services provided by the deceased.
For more information about auto accident tort claims, contact personal injury lawyer Andrew A. Iacobelli, for a complimentary consultation.
Pain and Suffering
Loss of Income
Housekeeping and Home maintenance expenses
Health Care and Rehabilitation Expenses
Loss of guidance, care and companionship on behalf of family members.
Pain and Suffering / General Damages:
In automobile accident cases, pain and suffering awards are only recoverable if you suffer a permanent and serious impairment. Additionally, the damages for pain and suffering may be subject to a deductible of $30,000. Presently this deductible applies only if the pain and suffering award is less than $100,000.
Loss of Income and Competitive Disadvantage:
You can claim up to 70% of your past income loss. Future income losses are recoverable at 100% gross income.
Income loss claims are complex and require expertise in the form of medical opinions, vocational assessments and actuarial and accounting information. Even if you return to work, you may be entitled to claim for diminished earning capacity and reduced work-life expectancy.
Housekeeping and Home Maintenance Costs:
You may claim for housekeeping and home maintenance costs if you require assistance with indoor and outdoor household chores, including housekeeping, meal preparation, laundry, grass cutting, snow removal, etc.
Healthcare and Rehabilitation Expenses:
You may claim for healthcare and rehabilitation expenses necessitated by your injury.
Family Member Claims:
Close family members may be able to make a claim under the Family Law Act, for the loss of guidance, care and companionship. Presently, there is a monetary deductible of $15,000 on family member claims.
In the case of the death of a loved one, the claim can include loss of income and loss of services provided by the deceased.
For more information about auto accident tort claims, contact personal injury lawyer Andrew A. Iacobelli, for a complimentary consultation.
