Can an Ottawa car accident victim still sue in “no fault” car accident cases?
The short answer is yes. However, motor vehicle or car accident law is one of, if not the, most complicated area of law in Ontario and it is wise to retain the services of an experienced injury lawyer to handle your case.
In order to understand this area of law and answer this question, one must understand how the no fault car accident system works in Ontario.
When someone is injured in a car accident in Ontario, they face a complicated set of rules which must be followed to receive compensation for such things as pain and suffering, lost wages, medical expenses and rehabilitation costs.
In Ontario, car accident victims have what is called a "no-fault" system which means that regardless whose fault the accident is, the injured person is entitled to a wide variety of benefits to assist them in recovering from the accident. Generally, the benefits are paid by the injured person’s own car accident insurer. If the injured person did not have car accident insurance at the time of the accident, then the Ontario Insurance Act provides a series of priority rules to be followed which particularly sets out who is responsible for paying the benefits; often it is the other driver or car owner’s insurer that pays.
The benefits paid are called accidents benefits and include such things as payment of income replacement benefits, rehabilitation benefits, medical benefits, housekeeping benefits, home maintenance benefits and attendant care benefits.
However, it is important to note that the accident benefits do not cover nor provide payments or compensation for pain and suffering, which is also called general damages or non-pecuniary damages. The accident benefits also do not provide compensation for future losses of income.
Persons injured due to car accidents who wish to advance a claim compensation due to pain and suffering should retain a personal lawyer to commence what is called a tort action or try to obtain compensation by way of settlement before going to court. The tort action is usually commenced against the driver who caused the accident. There is a complicated set of rules which cover tort actions and it is always best to hire a personal injury lawyer to advance such claims.
To learn more about how to advance a tort claim and obtain accident benefits, contact one of our lawyers free of charge. We offer free consultations and work on a no fee until you win basis. Call us at 613-315-4878. Quinn Thiele Mineault Grodzki LLP, Ottawa injury and accident lawyers.
Quinn Thiele Mineault Grodzki LLP
Injury and Accident Lawyers
310 O’Connor Street
Ottawa, Ontario K2P 1V8
NOTICE: This article is not-intended to be legal advice. All cases must be assessed based on its own facts. One fact can change an entire case and the advice provided. Consult a lawyer for legal advice.