FAQ - Car Accident injury claims

What are my rights if I am injured in a car accident?

If you are injured in a car accident, you may have two claims:

  • No-fault accident benefits, which is a claim against your own insurance or the other driver’s insurance company for medical expenses, basic income protection and other losses; and 
  • Personal injury (tort) claim, which is a claim against the insurance of the at fault driver, for loss of income, uncovered healthcare expenses, pain and suffering and loss of enjoyment of life, and several other loss types.


Are medical expenses from the car accident covered?

If you were injured from the car accident, you may be eligible for medical and rehabilitation expenses that are not covered by a government health plan or private insurance through your insurance accident benefits. Additional healthcare expenses may be recovered under a personal injury lawsuit.


Is income loss protection available?

Income replacement benefits (IRBs), generally up to 70% of your gross weekly earnings, to a maximum of $400 per week, are available through your insurance accident benefits while you are disabled and unable to work as a result of the accident. After two years, IRBs will only continue if you are unable to do any job for which you are or may become suitable by education, training or experience. 
You can also sue for loss of income under a personal injury lawsuit. The basic entitlement allows you to recover 70 percent of your gross income loss up to the date of trial and, after that date, 100 percent of your gross income loss less any other income benefits that you may have already received. 


Will i get compensation for pain and suffering?

Compensation for pain and suffering is available only through a personal injury lawsuit and only if you meet the injury threshold defined in s.267.5 (5) of the Insurance Act, R.S.O. 1990, in accordance with a certain level of seriousness. To meet the threshold your car accident injury must result in a:

  • Permanent serious impairment of an important physical, mental, or psychological function; or
  • Permanent serious disfigurement (i.e. scarring).

Your award for pain and suffering will be reduced by a deductible of $30,000 plus inflation since 2003, however, unless your injuries award exceed $100,000, in which case there is no deductible. Your injury does not have to meet the “threshold” in order to be eligible for no-fault accident benefits, however. 


What other losses may be compensated?

If you are unable to carry out your normal caregiving responsibilities, housekeeping or home maintenance duties as a result of the accident or you were not employed at the time of the accident, you may be able to recover some compensation through your insurance accident benefits. Other benefits are also possible, such as attendant care benefits, lost educational expenses, damaged personal items, and death and funeral payments. Additional compensation may be possible through a personal injury claim. You may also make a claim for loss of care, guidance and companionship if you are injured and have financial dependents through a personal injury claim.


Are there restrictions and time limits for compensation after a car accident?

Yes, there are strict restrictions and limitations in how and when you can make the two claim types. An experienced car accident lawyer can advise you at your free consultation.


Is a trial necessary in a personal injury car accident lawsuit?

No. Most personal injury car accident cases are resolved without the need for a trial.


How do I pay the legal fees if I make a claim?

No payments are required up front at Kitchen Simeson Belliveau. We work on a contingency fee basis, which means that you do not have to pay us until your claim is resolved and you receive money. Our personal injury lawyers will explain this in detail at your free consultation. Our car accident lawyers are available in Oshawa, Whitby, Lindsay, Cobourg, Ajax and Pickering, Bowmanville, Port Hope and surrounding areas.