When you’re involved in a car accident, it can be an extremely stressful ordeal. While you should always prioritize the well-being of yourself, your passengers, and additional parties involved, it is also important to know your legal options. If you have been injured or your vehicle has been damaged in a car accident in Ontario, you may be entitled to benefits through a car accident claim, provided that you are not at fault.
The process of applying for benefits can be complex, especially following a traumatic car accident. At Goodman Elbassiouni LLP, our lawyers can help you navigate the legal system and the intricacies of insurance policies. By working with our team, you can focus on your recovery while we pursue the compensation you deserve. For advice tailored to your situation, book a free consultation with our Toronto car accident lawyers today.
Compensation Available During Car Accident Claims
If you have been involved in a car accident that you were not at fault for, there are a variety of options for compensation available. The type that you pursue may depend on the circumstances of your accident, the type of insurance you have, or the at-fault party.
The first type of recourse available to car accident victims is distributed through the Statutory Accident Benefits system in Ontario. This program ensures that victims of motor vehicle accidents are provided with immediate benefits through their own insurance company or from any other insured vehicle involved in the crash. You must complete an Application for Accident Benefits to receive this type of compensation, which can include:
- Medical coverage
- Income replacement benefits, if you are unable to work due to the accident
- Attendant care
- Non-earner benefits
- Rehabilitation benefits, including;
- Physiotherapy
- Massage therapy
- Chiropractic care
- And more
If you wish to pursue further compensation, you may be entitled to commence a lawsuit against the driver at fault for the accident. In this case, you can pursue compensation for damages such as:
- Pain and suffering
- Lost income
- Out-of-pocket expenses
- Future medical costs
- And more
Regardless of the avenue you choose to pursue, navigating insurance policies or tort laws will be complicated. It is always advisable that you consult with a car accident lawyer when you wish to seek compensation following an incident. An experienced lawyer can ensure that you file your Statutory Accident Benefits application efficiently and correctly. They can also help you decide whether your claim is worth pursuing in court.
Steps to Take Following a Car Accident
Although you have the right to pursue compensation following a car accident you were not at fault for, it is important to adhere to established deadlines to ensure your car accident claim remains valid. In Ontario, you must:
- Notify your insurance company of the incident and your intention to apply for Accident Benefits within 7 days of the accident
- Submit the completed application package for Accident Benefits to your insurance provider within 30 days of receiving the application forms
- Notify the at-fault driver of your intent to file a personal injury lawsuit against them within 120 days of the accident
- Commence your lawsuit against the at-fault driver for losses and damages you experienced within 2 years of the accident
- If your application for accident benefits was denied, you must file a lawsuit against your insurer within 2 years of the date of denial
It is important to note that Accident Benefits may still be available to drivers who are at fault or partially at fault for their car accident. However, you may not be guaranteed all benefits under the Statutory Schedule. Insurers may make negative decisions about your qualifications based on accusations of non-compliance, failure to submit required documentation, or misrepresentation of information. For advice about your circumstances and eligibility as an at-fault driver, you should consult with an experienced car accident lawyer. For a free case assessment, contact our lawyers at Goodman Elbassiouni LLP today.
How Can a Car Accident Lawyer Help Me?
Navigating deadlines, filing applications correctly, and commencing lawsuits can be a tedious process. A car accident lawyer can help you pursue the compensation you are entitled to to the fullest extent, no matter which avenue you choose to pursue.
When filing your Application for Accident Benefits, it is important that you submit all documentation correctly and promptly. By working with a legal professional who is already familiar with the application process, you can reduce the risk of your application being denied. In the case that your Accident Benefits are denied, a car accident lawyer can assess the strength of a potential lawsuit against your insurer and help you continue to pursue compensation.
If you wish to engage in a personal injury tort action or lawsuit against the driver responsible for the accident, a lawyer can gather documentation and evidence for you. In the case that your claim goes to court, an experienced car accident lawyer can represent you and your best interests.Â
Have You Been Involved in a Car Accident in Ontario? Talk to Our Toronto Car Accident Lawyers Today
When you are involved in a car accident, you should not have to navigate the aftermath alone. Crashes can result in life-altering injuries and illnesses, and damage to your vehicle can be financially draining.
At Goodman Elbassiouni LLP, our Toronto car accident lawyers believe that you should not have to worry about receiving the care you deserve while you recover. Our team is prepared to assist you in filing for Accident Benefits, appealing denials, or pursuing compensation from an at-fault driver. For your free initial case assessment, you can contact our lawyers online or by phone. There is no charge to you for our legal services unless we successfully resolve your claim. Call 905-265-1005 today.
