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"I was recently involved in a motor vehicle accident in Ottawa and I sustained personal injuries. I was not at fault in the accident, but a friend told me that I cannot sue the other driver for my injuries because of "no-fault" insurance in Ontario. Is that true?"
Your friend, like a lot of Ontario residents, may be confused by the present state of automobile insurance in Ontario. As a result of numerous amendments to the Insurance Act over the past several years, different scenarios may apply to a car accident victim depending upon when the accident occurred. Not only do these changes affect a party's right to sue for pain and suffering, but accident benefits that may be available, including income replacement benefits, have also been radically changed.
Assuming however that your accident occurred after January 1, 1994, you are not only eligible to claim a host of accident benefits from your own insurance company, but you are also entitled to sue the at-fault driver for your pain & suffering, subject to a general condition that the injury be serious and permanent and subject to a $15,000 deductible. Family members may also sue for loss of care, guidance and companionship, subject to a similar deductible.
Finally, it is important to remember that in order to recover against the at fault driver, you must commence your court action within two years of the date of the accident or the right to do so is forever lost.
The foregoing offers legal information of general concern and is not intended to provide legal opinions. Readers should seek professional legal advice on the particular issues which concern them. We would be pleased to elaborate on any information contained above and how it may apply to your specific circumstances.
| Segal - Talarico - Habib - Molot: Barristers Solicitors 2650 Queensview Drive, Suite 200, Ottawa, ON, K2B 8H6 Tel: (613) 820-8888 Fax: (613) 820-8818 http://www.legal-team.com/ |
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