Every year, thousands of accidents occur throughout the province of Ontario. In many of these, the parties involved simply exchange insurance information and move on with their lives. Unfortunately, there are often accidents which result in significant injuries. Individual’s should be aware that they have certain rights and entitlements when they’re injured in an accident. It is also very important for anyone who has been involved in an accident, whether its a small fender bender or a major pile up, to be assessed by doctors. Too often, injuries as a result of the motor vehicle accident are not revealed until weeks or months later.
It’s important to note that every valid contract of motor vehicle insurance has certain benefits put in place for when it’s insureds, and their dependents, get into an accident. Apart from these benefits, the not-at-fault parties can sue for a variety of damages and/or losses.
At Tafakori Khan, our lawyers know how to deal with insurance companies and adjusters in order to get you compensated for your injuries and losses. It’s critical that those injured seek competent counsel who can advocate for the rights as needed. Since we focus primarily on personal injury, our lawyers are prepared to dedicate the time and resources needed for each and every client.
STATUTORY ACCIDENT BENEFITS
Ontario’s Motor Vehicle Accident scheme is a complex and quickly evolving area of law. Individuals who are injured in an accident are often left wondering “what’s the next step?” To further complicate things, the injured party may hear from a variety of sources that they should sue the person at fault (which is known as a tort action).
Statutory Accident Benefits (or SABS for short), are often the starting point for injured individuals. Often, these benefits derive from your own insurance company. Simply put, when you purchased mandatory insurance on your vehicle, you were provided with a minimum amount of benefits in the event that you were injured in an accident. These benefits apply to you whether or not you were the party at fault in the accident.
SABS benefits are very specific, and include:
– Income Replacement
– Non-Earner Benefits
– Caregiver Benefits
– Medical Rehabilitation Benefits
– Attendant Care Benefits
– Other possible benefits.
Each of the above benefits has its own set of requirements, time frame, and monetary limit. Any amounts over and beyond the SABS limits are often sued for in tort against the insurer of the at fault party.
A tort action in a motor vehicle accident is when the innocent party sues the at-fault-party for damages. These damages often include pain and suffering, loss of income, loss of earning future earning capacity, housekeeping, and Family Law Act claims. Unlike Statutory Accident Benefits, only the not-at-fault parties can sue in tort.
The interaction between Statutory Accident Benefits and a tort action are complex, and require an experienced lawyer to achieve maximal recovery. Our lawyers have worked with and understand Ontario’s motor vehicle recovery scheme, and can assist our clients in obtaining optimal results and compensation.
Our initial consultation is always free, and there is no obligations for our potential clients. When retained, our lawyers will work side by side with the client, keeping them regularly informed of the status of their claims, and move things on an expedited basis — so they can get the compensated they deserve.