Motorcycle Accident Frequently Asked QuestionsCan I handle my Ontario Motorcycle accident case without a personal injury lawyer?
Although anyone can handle there own case without a lawyer, in most motorcycle accident injury claims it is advisable to have an experienced motorcycle accident injury lawyer working for you. Ontario motorcycle accident injury law is complex and you may be entitled to compensation from various sources (insurance policies). There are important deadlines for making claims following an injury or death caused by a motorcycle accident.
What insurance benefits are available to me following a motorcycle accident?
If you are injured as a result of a 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 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 through my own insurance policy following a ontario motorcycle accident?
Ontario Statutory Accident Benefits (SABS) are available to anyone involved in a motorcycle accident regardless of who is at fault. These benefits are available under the motorcycle insurance policy. Accident benefits may pay for items such as:
In order to obtain accident benefits for injuries sustained a motorcycle accident, you will be required to prepare and file many documents and applications. The statutory accident benefits system for Ontario motorcycle accidents is complex, and 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. another driver is at fault for my motorcycle accident, can i make a claim against their insurance company?
Yes. If you are injured in a Ontario motorcycle 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 for injuries and losses you sustained as a result of the motorcycle accident.
What if i am injured in a motorcycle accident and the other driver did not have insurance?
You may be able to claim against your own insurance policy for Uninsured Motorist Coverage. Uninsured or unidentified (fail to remain) accidents are complex and you should not delay in speaking with an Ontario injury lawyer.
can i make a claim if a family member was killed or seriously injured in a motorcycle accident?
Yes. If a loved one is killed as a result of a motorcycle 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. This claim will depend if someone else is partially or entirely at fault for the accident. There are also death benefits available through the Statutory Accident Benefits through the insurance for the motorcycle.
can i make a claim if i was a passenger on a motorcycle that was involved in an accident?
Yes. If you are a passenger on a motorcycle that is involved in a crash, you may have a claim even where the motorcycle is at fault or in single vehicle accidents.
What should I do immediately after a motorcycle accident?
First, ensure your safety and seek medical attention, even if you don’t feel injured. Report the accident to the police, gather evidence at the scene, and exchange information with the other driver. Contact Iacobelli Law Firm as soon as possible to discuss your legal options.
How is fault determined in a motorcycle accident?
Fault is determined based on evidence such as police reports, witness statements, and accident reconstruction. We will thoroughly investigate your case to establish fault and ensure you receive the compensation you deserve.
Can I still make a claim if I was partially at fault for the accident?
Yes, you can still make a claim even if you were partially at fault. Ontario follows a contributory negligence system, meaning your compensation may be reduced by your percentage of fault, but you are still entitled to recover money damages.
What types of compensation can I receive after a motorcycle accident?
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and more. We will work to ensure you receive full compensation for all your losses.
What if the other driver was uninsured or underinsured?
If the at-fault driver is uninsured or underinsured, you may still be able to recover compensation through your own insurance policy’s uninsured/underinsured motorist coverage. We can help you explore all available options.
What if I was injured in a hit-and-run motorcycle accident?
If you were involved in a hit-and-run, you should report the accident to the police immediately. Your own insurance policy may provide coverage under the uninsured motorist provisions. We can assist you in pursuing a claim even if the other driver is unidentified.
What if I wasn’t wearing a helmet at the time of the accident?
Not wearing a helmet can impact your case, particularly if it contributed to your injuries. However, it does not necessarily bar you from making a claim. We can evaluate your case and advise you on the best course of action.
Can I file a claim on behalf of a deceased loved one?
Yes, if a loved one has passed away due to a motorcycle accident, you may be able to file a wrongful death claim. This type of claim seeks compensation for the family’s loss, including funeral expenses, loss of income, and loss of companionship.
What if I am a passenger injured in a motorcycle accident?
As a passenger, you have the right to seek compensation for your injuries, regardless of who was at fault. We can help you pursue a claim against the responsible parties.
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