Understanding What Influence No-Fault Insurance Has On Your Right To File A Lawsuit

Following your involvement in a motor vehicle collision In Ontario, your insurance claim will need to be filed with your insurer. However, if another involved party is found to be liable for causing the collision, then you may also, in addition, file a lawsuit with the help of Personal Injury Lawyer in Milton against the at-fault party. In order for you to receive all the benefits you are owed, both from your no-fault insurance and the liable driver, you will need to familiarize yourself with the process of the legal process surrounding this matter.

The Basics of No-Fault Insurance

When it comes to Ontario’s automobile insurance policies, it is important to note that statutory accident benefits are an obligatory part of all policies. This is in order to ensure a level of coverage to everybody involved in a collision. And this is also why your benefits claim will need to be filed with your own insurer.

The same goes for passengers; their claims, too, will need to be filed with their own insurers. However, if your passengers are uninsured, then their claims will go the insurance company of the driver, who, in this case, is you. In the case of injured pedestrians or cyclists, they will also be filing their claims with your insurer.

Statutory accident benefits currently cover the following expenses: medical bills, wage loss, rehabilitation costs, caregivers’ wages, and attendant or aide costs. Additionally, a person who did not receive income before the collision may find themselves awarded with non-earner benefits if their quality of life has been significantly decreased to the injuries sustained in the accident. However, it depends on individual cases and it always helps to consult with a personal injury lawyer. They will evaluate your case and give you an estimate on the amount that you are entitled to win as damages.

Whether or not a person will be awarded housekeeping and/or home maintenance benefits is fully dependent upon the severity of a person’s injuries. In the case of a fatality, it will be the bereaved who will receive benefits in the form of coverage of funeral expenses and certain death benefits. The bereaved can be a spouse or other dependents who are eligible to file a claim.

Additional Pain And Suffering Benefits

When it comes to no-fault benefits, it is your own insurer who will be responsible for handling your claim and awarded you the damages you are entitled to. However, if your injury was severe enough to leave you functionally impaired, then you may also pursue a lawsuit against the at-fault driver. Such impairment can be the result of limb amputation, damage to your spine, or even loss of eyesight.