Auto Injury in Ontario Canada
At Miskin Law we have over 35 years of experience with many hundreds of types of accidents involving a variety of vehicles. We act for people who were injured in auto and other accidents in Ontario, Canada even if the client does not live in Ontario. These are insurance claims where Ontario’s complicated insurance law is involved. Anyone with an injury can claim for no-fault benefits from an auto insurer. They cover medical, care and treatment expenses and loss of income up to $400 per week. More benefits can be received if a person has purchased optional benefits. You do not need an auto accident lawyer to claim the no-fault benefits.
How do I make a car accident claim?
To make a claim for compensation for pain and suffering, lost income and other losses, you generally will need an Ontario accident lawyer and need to claim against the at-fault driver’s insurance. You can even do this for your own vehicle where you are not the driver involved in the accident. There are many restrictions and barriers to claiming, but if you have a serious injury, contact Miskin Law for advice. We can get you the fair compensation that you deserve.
Do I need insurance?
Many people do not realize insurance is mandatory for most vehicles but not all. Car insurance in Canada is mandatory. This also applies to motorcycles and trucks. While having boat insurance is not mandatory, it is strongly recommended and you can have it under your homeowner or tenant policy. There are also many rules that can make your insurance policy void. For example, if you have boat insurance but do not have a valid Pleasure Craft Operator’s Licence, your insurance may be void. Or if you are driving a motorcycle without a valid M1, M2 or M3, you are not “authorized by law” to drive the motorcycle, and your insurance will be void in the event of a motorcycle accident. Insurance law continues to change and can often be confusing, which can make insuring your vehicles a headache. Additionally, if you are convicted of drunk driving or dangerous operation of a vehicle in addition to criminal charges, you may find your insurance contract to be void. This rule applies to all motorized vehicles.
What are filing restrictions on auto accident claims?
If you are injured in an auto accident, you are required to make a claim for accident benefits within seven days from the date of the accident. Claim forms must be submitted with the insurance company within 30 days. You are supposed to put the other driver on notice of your intention to file a claim within 120 days from the date of the accident, and you have two years to file a lawsuit. There are exceptions to all rules and many of the time limits are not strictly enforced, especially where there is a reason for not having filed or taken a step within the time limits.
Many accident victims do not realize the full extent of their injuries right away. A person in an accident should seek medical treatment immediately. Early treatment usually gives better results and can prevent an injury from becoming chronic. It can often take time for doctors to fully diagnose injuries from a car accident, to determine whether it will lead to a permanent disability.
Auto accident claims are complicated. Help!
Standard auto insurance policies in Ontario provide you with benefits if you have been injured in an accident. After an accident, an insurance company will send you many complicated forms to complete. These forms sent to you by your insurer are called an Accident Benefit Package, and they must be completed and submitted to the insurance company within 30 days of the accident. Some of the forms need to be completed by your employer and some by your treating doctor following the accident. Some forms can be completed by an Occupational Therapist, Physiotherapist or other practitioner. Accident benefits cover a limited amount of expenses and are separate from an award for pain and suffering. These forms can be complicated, but we at Miskin Law help clients with them. Contact an experienced auto accident lawyer today at 877.428.8000.