Getting the Facts About Motor Vehicle Accidents in Ontario
Motor vehicle or car accidents remain the most common kind of personal injury accidents in the province of Ontario. The results of a motor vehicle or car accident can force a change in lifestyle that may be difficult to adjust to. Examples of motor vehicle accidents include:
- Auto Accidents
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- ATV Accidents
- Snowmobile Accidents
- Boating Accidents
- Bus Accidents
- Driving Accidents
- Drunk Driver Victim
- Accident Drunk Drivers
- Uninsured Motorists
- Uninsured Driver Accidents
- Dangerous Roadways
- Pedestrian Accidents
Some of the more common injuries that occur as a result of motor vehicle accidents include:
- Brain injury
- Fractured skull
- Broken arm or leg
- Severe lacerations
- Broken hip
- Eye injuries
- Spinal cord injuries
It is important to remember that pedestrians are just as likely to be part of a motor vehicle or car accident as a vehicle driver. Pedestrians should pay attention to the vehicles on the road when they are walking in a busy area or even on quiet, country roads.
When you have been the victim of a car accident or other motor vehicle, you have two ways in which you can file a claim or attempt to recover compensation you will need to get your life back on track. Those two options are:
- Tort Claim – This is when you decide to make a claim against the driver that initiated the accident.
- Accident Benefits Claim – This is a claim you file when you are trying to get funds from your own insurance company or the insurance company of any driver involved in the motor vehicle or car accident, regardless of fault.
What To Do
A motor vehicle or car accident can happen quickly and the results can be catastrophic. Most people are not prepared for what needs to be done after an auto accident occurs, but it is always a good idea to have a plan in your head should you ever find yourself in this situation.
- Take a deep breath and try to compose yourself. You need to be as calm as possible in order to be able to react properly to this kind of a situation.
- Call emergency services as soon as possible, including police and medical assistance.
- Use your cellular phone or any other camera you may have on hand to take as many pictures as possible. You will want to get pictures of all of the people and vehicles involved in the incident. These photos could become very important to your potential legal case.
- Once the police officer has completed the police report, review it thoroughly to make certain that it is accurate and complete. Take the time to license plates and the names and phone numbers of everyone involved in the accident, as well as the names and phone numbers of anyone who witnessed the accident.
- A good piece of advice is to speak only to the medical responders, fire fighters and police officers that are on site. Avoid speaking to the other parties in the accident except to swap insurance and personal information.
What You Can Claim Against
The exact amounts and kinds of claims you can make in the province of Ontario depend on your current insurance coverage and the conditions surrounding the car accident. But as a general rule, there are several different claims you can make as the result of a motor vehicle accident. Check with a lawyer to see which of these applies to you:
- Attendant Care
- Serious injuries can qualify for attendant care coverage if in-home care is required.
- The coverage is available for up to two years after the date of the accident, and can be as much as $3,000 per month for a non-catastrophic injury.
- The coverage for a catastrophic injury is up to $6,000 per month for life with a lifetime cap of $1,000,000.
- Medical and Rehabilitation Coverage
- Minor injuries have a maximum claim amount of $3,500.
- More serious but non-catastrophic injuries have a 10-year benefit period, but benefits are capped at $50,000.
- Catastrophic injuries get benefits for life, up to a lifetime maximum of $1,000,000.
- Housekeeping and Home Maintenance
- If your injuries prevent you from being able to maintain and clean your home, then you may be entitled to a $100 benefit for life if your injury is classified as catastrophic.
- If your injury is not catastrophic, and you have not paid extra for this benefit, then you do not get home maintenance benefits.
- Income Replacement
- Depending on your situation, you may be entitled to up to 70 percent of your pre-tax income up to a maximum of $400 per week.
- If you are unemployed, then you could be entitled to up to $185 per week in benefits, but these benefits would not start until six months after the date of the motor vehicle or car accident.
- Caregiver Benefit
- If you are a caregiver and have paid extra for this benefit or have suffered a catastrophic injury in a motor vehicle accident, then you may be entitled to up to $250 per week for the first dependent, and $50 per week for each subsequent dependent.
- Claims Against the At-Fault Driver
- You can claim pain and suffering, loss of quality of life and loss of amenities against an at-fault driver in a motor vehicle accident, among other things.
- Any claim you make for pain and suffering is subject to a $30,000 deductible, unless your claim is determined to be worth more than $100,000.