What You Need to Know: Motor Vehicle Accident Injury Overview

If you have sustained injuries as a result of a motor vehicle accident, you have two separate claims, one against your own insurance company, which is called an Accident Benefits claim, and one against the at-fault negligent Defendant, which is called a Tort claim.

Accident Benefits

If you are involved in a motor vehicle accident, regardless of fault, you can make a claim against your own auto insurance company for Accident Benefits. This would include access to the following (depending on your policy):

- Income Replacement Benefits (up to $400.00 per week, unless optional benefits are purchased)

- Non-Earner Benefits ($250.00 per week, unless optional benefits are purchased)

- Caregiver Benefits

- Medical and Rehabilitation Benefits (up to $65,000.00 for non-catostraphic injuries)

- Attendant Care Benefits

- Housekeeping Benefits

- Education Benefits

- Prescription Benefits

- Travel Expenses including family

- Funeral and Death Benefits

It is important to note that your Application for Accident Benefits must be filed with your motor vehicle insurer within 7 days of the accident, and the Accident Benefits Application Package must be filed within 30 days of the accident. There are several other timelines and processes involved, all of which PMP LAW will handle on your behalf.

Tort Claim

If you are involved in a motor vehicle accident, in which you were not at-fault, you may also have a potential Tort claim. This would be the lawsuit against the at-fault party, which must be issued by way of Statement of Claim, within two years of the accident. The following is a non-exhasustive list of what you may claim for:

- Pain and Suffering

- Past and Future Loss of Income and Competitive Advantage

- Past and Future Loss of Housekeeping and Home Maintenance Capacity

- Future Care

- Out of Pocket Expenses

In addition, members of your immediate family may have a potential claim under the Family Law Act, for loss of care, guidance, and companionship.

See our blog post titled: What Juror's are not told in Ontario motor vehicle accident tort claims to learn more about the Monetary Deductible and Threshold that is applicable to all motor vehicle accident tort claims.