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Minor Injury Guideline’s

In 2010 the Ontario government passed legislation that changed the way car insurance categorized injuries suffered in a car accident. Prior to the change that went into effect September 1st 2010 there were two categories of injuries; catastrophic injury and all others. The medical and rehabilitation costs had a maximum of $1,000,000 for catastrophic injury and $100,000 for all others. Now there are three classifications, catastrophic injury, minor injury, and all others. The maximum limits for the medical and rehabilitation expenses are still $1,000,000 for a catastrophic injury, but have been reduced to $50,000 for all other injuries and the new minor injury category is capped at $3500. If you have been injured in a car accident call one of the capable car accident lawyers Toronto law firms have on staff to get the compensation you are entitled to receive.

The new statute created a new Minor Injury Guidelines. It defines a minor Injury. The guideline is very restrictive in the types of injuries included as a minor injury but intentionally covers a majority of injuries occurring in a car accident. These injuries are sprains, strains, whiplash, contusions, abrasions, lacerations, and partial dislocations.

The guidelines cover injuries that are expected to be healed in 12 weeks or less. They also encompass about 80% of all injuries that occur. The maximum amount, $3500, is calculated to be the cost necessary for 12 weeks rehabilitation. If you suffered a minor injury that actually takes longer or more money to get well there are a couple of things you may be able to do. First call one of the injury lawyers in Toronto to see what they think best.

One option that is available to cover the additional amounts not covered by the insurance is to file a liability against the at-fault driver. A Toronto lawyer can file a lawsuit on behalf of the injured party to collect for the expenses over and above what the insurance will pay for. However, lawsuits like this take time and may not be successful based on the facts of the case.

Another option that is available, again depending on the facts of the case is a pre-existing condition. This is the only exception to the $3500 limit on the insurance policy. The government anticipated that there may be rare cases where the victim had a pre-existing condition to the extent that it may take longer than the 12 weeks for recovery. The amount necessary will vary if the insurance accepts the reasoning of the pre-existing condition.


For assistance with a personal injury and/or insurance claim, please email David Himelfarb at or call 1-855-446-7765, for a free case evaluation.

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