Snowmobiles are very fun winter recreational vehicles. Snowmobiles are heavy motorized vehicles and can cause serious and permanent personal injury. Under Ontario personal injury laws, the accident benefits available for snowmobile accident victims are very similar to those of any other type of motor vehicle accident. Given the heaviness of snowmobiles, openness of ride and the speeds they reach, snowmobile accidents can often result in very serious or catastrophic injury. In some cases, they cause permanent disability or death.
In Ontario, snowmobile accident victims and their family members can claim compensation for their losses from their own car insurance company (under what is called No-Fault Accident benefits) and from the person responsible for the collision in what is called a Tort Claim.
Your car insurer is obligated to pay no-fault accident benefits compensating you for such things as loss of income, expenses relating to others assisting an injured person with completing household maintenance and expenses related to self-care activities. The insurer, under no-fault law, must also pay for all necessary medical services and rehabilitation; if necessary to limits prescribed in the policy of insurance. Benefits are paid pursuant to an application by the injured person and there are time-lines by which applications must be provided to the insurer; there are consequences to not meeting time lines.
At Quinn Thiele Mineault Grodzki LLP, we have handled many cases where the insurance companies have denied benefits that our clients are legally and contractually entitled to receive and which the insurer is legally obligated to pay their injured clients. You are entitled to dispute the insurer’s refusal to pay your benefits. Different levels of benefits are available to snowmobile injury victims, depending upon the type of injury and impairments. The process of obtaining accident benefits and claiming damages in a tort claim is complicated and requires careful and experienced analysis by an experienced personal injury lawyer who has experience dealing with snowmobile accident cases.
In a tort claim, you may claim compensation from the person responsible for the collision. The compensation paid under a tort claim is normally paid by the responsible person’s insurer (other driver for instance). In Ontario, injury victims who suffer serious and permanent injuries can recover damages compensating them for their losses, including their pain and suffering, their past and future lost income, their extraordinary future health care and home maintenance costs, their out of pocket expenses, interest and legal costs.
There are time limits which govern when an injured person must notify their own insurer of a claim, notify the responsible parties that they intend to bring a claim. There are also time limits by which an injured person must commence a court case seeking compensation, otherwise they may forever lose their right to bring court action and seek compensation. These time limits can restrict or eliminate an injured person’s right to recover damages and compensation.
Whether a person has the right to commence a court action against another person in snowmobile cases is a complicated issue. Liability must be assessed by an accident lawyer. Our experienced personal injury and accident lawyers in Ottawa can properly assess all the issues in a snowmobile case such as liability, proper persons to seek compensation from, insurance coverage issues and the value of your snowmobile accident claim.
At Quinn Thiele Mineault Grodzki LLP, we understand the complexities of snowmobile accidents and the profound affects injuries sustained in snowmobile accidents may have on the injured person and their family. Our team of experienced and dedicated injury lawyers is focussed on assisting persons injured in snowmobile accidents. They know how to deal effectively with the Ontario insurance and litigation systems in order to obtain maximum compensation. Our lawyers represent injury victims throughout southeastern Ontario.
We have represented clients injured in many types of vehicle accidents. Snowmobile riders can suffer serious and permanent injuries as a result of accidents which occur because of:
- Negligent operation
- Reckless driving
- Defective machinery or failed safety equipment
- Environmental hazards
- Hidden obstructions
- Thin ice
- Low-hanging branches
- Electrical wires
- Poorly maintained trails
- Drunk driving
- Failure to yield right of way
- Rear-end collisions
- Side-swipe accidents
- Failure to check blind spots
- Misjudging speed
- Dangerous trail or road crossing conditions
Snowmobile riders who are physically exposed (there is no metal surroundings like a car for instance) are at a greater risk of sustaining significant injuries such as traumatic brain injury, head injury, back injury, fractures, internal injuries, chronic pain, spinal cord injury or paralysis. The injuries sustained can often require expensive medical treatment and rehabilitation.
At Quinn Thiele Mineault Grodzki LLP, we focus our law practice entirely on personal injury and accident law. We assess every case very carefully in order to identify all possible damages options so that our clients recover all types of damages necessary to adequately and fairly compensate them for their injuries.
Our lawyers will take every step necessary to avoid trial and negotiate with insurance companies on behalf of injured persons so that they obtain all benefits and compensation they deserve. However, we prepare each case as if they are going to trial; that way, if the case does not settle (95% of all cases do settle however), we are prepared for trial. We have a vast network of medical and non-medical experts such as physicians, surgeons, neurologists, accident reconstruction specialists, occupational therapists, health care professionals, economists, accountants, actuarial experts and others, with whom we will consult to determine the full extent of your injuries and assess the full extent of your damages.
If you have sustained an injury as a result of a snowmobile accident, even if you were at fault or partly at fault, it is still worthwhile to consult with an experienced Ottawa personal injury lawyer. You are entitled to accident benefits under your own insurance policy to handle medical expenses, rehabilitation expenses and other economic losses, even if you may be at fault or there is no third party to sue.