Ontario Car Accident FAQ: "Can I make an insurance claim in Ontario Canada for car accident injuries if I am a passenger and my spouse (husband/wife) was driving?"

A common question among car accident injury victims is whether they are entitled to bring an insurance claim for losses in the event that they are injured while a passenger in a vehicle operated by their spouse.  In Ontario, passengers of vehicles are permitted to bring insurance claims for their injuries.  Anyone injured in a motor vehicle accident in Ontario will be able to advance a Statutory Accident Benefits claim irrespective of who is at fault for the accident.  In fact, even the at-fault driver would normally be entitled to insurance benefits for injuries sustained.  

A passenger that is injured as a result of a motor vehicle accident may also be entitled to bring additional claims in tort for injuries and losses.  This claim is different than the Statutory Accident Benefits claim and can provide for greater compensation for losses, including pain and suffering, income losses and care costs.  A spouse is allowed to make this claim against their husband or wife and it will usually be handled by the insurance company.  Similarly, children can also make claims for injuries caused by the driver even if it is a parent.  

It is important to know that all accident claims are unique and the particular facts and circumstances will need to be considered by an experienced lawyer.  If you have questions about your rights following an injury from an Ontario motor vehicle accident, you should consider speaking with a lawyer.  There are deadlines to bringing claims in Ontario, so time is not your friend in these circumstances. 

To learn more or to request a FREE Consultation with the Ontario Car Accident Lawyers at Iacobelli Law Firm, call us at 416-900-1070 or complete our online contact form here. 

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