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Car Accidents: Accident Benefits and Tort Claims

When someone has been hurt in a car, they may have legal recourse against two insurance companies:  their own, and the insurance company of the at-fault driver.  Both companies attempt to compensate the car accident victim for their injuries, however they do so to a differing degree.

Your own insurance company, or the insurance of the car you were a passenger in, will provide what are known as “no-fault benefits” to you immediately.  This “no-fault scheme” provides those involved in a car accident with access to immediate benefits, such as income replacement, if time is taken off work, and medical-rehabilitation, for things like massage therapy and chiropractic treatment.

Personal injury lawyers stress the importance of applying to these benefits in a timely fashion, and claiming the appropriate benefits needed.  Above and beyond these initial benefits, from the no-fault scheme, car accident lawyers can also pursue a claim for damages in tort for their clients that were not at fault in the accident.

This is where the person hurt in a car sues the responsible party.  Suing in tort is a lot broader than claiming for accident benefits.  The injured person can claim things that are typically not covered by their own insurer, such as housekeeping.  They can also sue for pain and suffering, and loss of competitive advantage.

If you’ve been injured in a car, you should immediately contact your expert Toronto personal injury lawyers, Tafakori Khan LLP.

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