Car Accident Frequently Asked Questions

Please note that information provided in here is for general information only.  It is not legal advice and should not be relied upon.  If you have a legal question, you should consult a lawyer. 

can i handle my own ontario car accident claim or do i need a lawyer?

Although anyone can handle there own case without a lawyer, in most cases it is advisable to have the advice of an experienced lawyer.  Typically, victims who attempt to recover compensation on their own receive smaller settlements than those who obtain the services of experienced personal injury lawyers.

By consulting with and retaining a personal injury lawyer immediately, you and your family can focus on your medical care and recovery.  Your lawyer and his team will take care of investigating your claim and dealing with the insurance company in order to obtain a fair settlement for your claim.   ​

Learn More About Our Personal Injury Lawyers.

what benefits are available to me following an ontario motor vehicle accident?

If you are injured as a result of a car or motorcycle accident in Ontario, you may be entitled to compensation from two sources:

Accident Benefits from your own automobile insurance policy or from the insurance for another vehicle involved in the accident

Tort Claim against the at-fault driver for compensation, including damages that are not available through accident benefits, such as pain and suffering.  

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.

what benefits can i obtain from my own insurance company following a car accident?

Accident benefits are available to anyone involved in a motor vehicle accident regardless of who is at fault.  These benefits are available under the auto insurance policy.  Accident benefits may pay for items such as:
    Income Replacement
    Medical and Rehabilitation
    Attendant Care
    Housekeeping
    Death Benefits

In order to obtain accident benefits, a number of documents and applications will need to be filled out and provided to the insurance company.  The accident benefits scheme in Ontario is complex, there are continuing obligations and deadlines for filing and providing information.   

It is strongly recommended that you have an experienced lawyer assisting you with your accident benefits application in order to ensure that you are receiving all available accident benefits

Learn More About Accident Benefits.

if the other driver is at fault can i make a claim my losses against their insurance company?

Yes.  If you are injured in a Ontario motor vehicle accident as a result of another person's negligence, you can advance a Ontario personal injury lawsuit for your losses.  This claim is made against the at-fault driver for compensation.  Provided that the other driver has insurance, it is the insurance company that will defend and ultimately pay the claim.  

​Learn More About Tort Claims.

what if i am injured and the other vehicle did not have insurance?

Yes.  If you are injured in a motor vehicle accident as a result of another person's negligence, you can advance a personal injury lawsuit for your losses.  This claim is made against the at-fault driver for compensation.  Provided that the other driver has insurance, it is the insurance company that will defend and ultimately pay the claim. 

Learn More About Uninsured Motorist Claims.

can i make a claim if a family member was killed or seriously injured in a motor vehicle accident?

Yes.  If a loved one dies as a result of a car accident, in Ontario close family members may be able to make a claim under the Family Law Act, for the loss of guidance, care and companionship as well as loss of services.

 Learn More About Wrongful Death Claims.​

what should i do if i am involved in a car accident in Ontario?

If you have been in a car accident in Ontario, there are several steps that you can take to safeguard your legal rights.  

1. Try to remain calm at the scene. 

2. If you or anyone else is injured, call for an ambulance immediately.

3. Report the accident to the police.

4. If you are able, obtain information about the other driver(s) and vehicle(s) involved in the accident.  This should include names and contact information for the drivers and passengers, license plate numbers, vehicle makes and models, and insurance information.

5.  Identify any witnesses to the accident, and obtain their names and contact information.

6.  Take photos.  Most cell phones have cameras.  It is a good idea to photograph the scene, vehicle damage and any injuries. 

7.  Notify your auto insurance provider.

8.  Contact an Ontario personal injury lawyer.
​

why you want an ontario car accident lawyer working for you?

If you were injured in an Ontario car accident, you should have a lawyer working for you. Ontario car accident injury victims who attempt to negotiate with the insurance companies on their own may  receive less compensation than those who obtain the services of experienced Ontario personal injury lawyers.

By consulting with and retaining an Ontario car accident injury lawyer immediately, you and your family can focus on your medical care and recovery.  Your Ontario car accident lawyer and his team will take care of investigating your claim and dealing with the insurance company.  With an Ontario car accident lawyer, you will have someone working for you so that you can make informed decisions for your future.

Learn More About our Injury Lawyers.

can i file a claim if i was a passenger in the car that caused the accident?

Yes. If you are a passenger in a vehicle and are injured as a result of the negligence of the driver, you may be able to advance a claim.  In these situations, the passenger often knows the driver and may feel uncomfortable about the situation.  All vehicles in Ontario must be insured by law and, as such, it is likely that the driver and vehicle have insurance for the accident, which would also be available to cover losses sustained as a result of your injuries.    ​

Learn More About Passenger Accidents.

can i make a claim if i was injured in a hit and run accident?

Yes. There is usually insurance coverage available for your losses even where the at-fault party flees the scene and is never located.  Hit and Run Accident claims can be complex and require an Ontario personal injury and car accident lawyer to review insurance coverage options.  You should not delay in speaking with an Ontario car accident lawyer, if you have been injured in a hit-and-run accident. 

Learn More About Hit and Run Accidents.    

HOW LONG DO I HAVE TO FILE AN ACCIDENT BENEFITS (INJURY) CLAIM WITH MY INSURANCE COMPANY IN ONTARIO?

You should report your accident and injuries to your own auto insurance carrier as soon as possible and within 7 days of the accident.  After you report the accident and injuries, your insurance company will open an Accident Benefits claim for you, and send you an accident benefits package of forms that need to be completed.  An Application for Accident Benefits (known as an OCF-1 Form) is due within 30 days. 

An Ontario car accident lawyer can assist with completing and submitting applications for accident benefits. 

Learn More About Accident Benefits.

If I am Unable to work due to a car accident, who will pay my lost wages?

If you are unable to return to regular employment following a motor vehicle accident in Ontario, you may be able to claim for your lost income.  The income replacement scheme following a car accident can be confusing, as there are priority issues and limits on amounts payable.  Usually, it will be your own auto insurance provider that will be responsible for your income replacement benefits if you are off work for more than 7 days.  You may also have claims against the at-fault driver for loss of income and/or loss of competitive advantage.  

​Learn More about Car Accident Law in Ontario

Still have questions? If so, contact personal injury attorney Andrew Iacobelli, to schedule a free consultation.


If you have questions about a prospective personal injury claim, contact Ontario personal injury lawyer, Andrew Iacobelli, for a complimentary consultation. 

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