Accident Benefits vs Tort: What You Need to Know

A car accident is often a traumatic experience for most people. The moments after an accident cause physical pain and psychological trauma to the injured person. It is easy to forget crucial information or steps when dealing with insurance companies. Therefore, you need an experienced lawyer on your side to ensure your rights are protected.

If you have been involved in a motor vehicle accident in Ontario, you are entitled to apply for Accident Benefits regardless of whether you were at fault or not. Motor vehicle accidents include car accidents, bus accidents, pedestrian accidents, motorcycle or biking accidents, hit-and-run accidents, Uber or Lyft accidents, and more. The Accident Benefits insurer must provide you with benefits during your rehabilitative journey for up to five years from the date of the accident. These benefits include medical benefits for your treatments, income replacement benefits if you cannot return to work, attendant care benefits for hiring someone to help you with daily tasks, and more.

If you were not at fault in the accident, you may also be entitled to a Tort claim against the at-fault parties. A Tort (third-party) claim will compensate an injured person for their pain and suffering, economic losses, and future treatment and housekeeping needs. A personal injury claim against a tortfeasor will usually be handled by the tortfeasor’s insurer. Anyone who is a victim of another person’s negligence should consider starting a tort claim. The negligent party may be the driver of the vehicle in which you were riding or another driver who collides with your vehicle. While most at-fault parties prefer an out-of-court settlement, the presence of a lawyer during the negotiation process can have a huge impact on the amount of compensation or settlement you receive.

For each claim, there are important legal steps that must be taken to preserve your claim. If you or your loved ones were involved in a motor vehicle accident, don’t wait. Contact us right away for your FREE consultation and to preserve your claims.

To learn more about the benefits available to you and your loved ones, please read the next blog post.