Car accidents can have serious and permanent implications on your life. We make your well-being our priority. If you have been involved in a car accident, we recommend that you take the following steps:
- Notify the police immediately
- Take pictures of the collision
- Gather the information of the others involved in the collision (including names, contact information, home address, license plate, automobile insurance company name and policy number)
- Seek medical attention as required
- Visit your family doctor or regular treatment provider immediately and communicate any injuries, pain, and/or restrictions as well as any physical or psychological symptoms. If you have a pre-existing injury or condition, be aware of any exacerbation of the injury or condition
- Contact your employer and/or school and immediately advise them regarding your accident and any injuries you have sustained
- Keep record or receipts of any expenses you may have incurred as a result of the accident.
- Contact UL Law immediately at 1.8.444.IN.PAIN (1.8.444.46.7246) for a free case evaluation and consultation.
We are dedicated to providing effective and efficient client service and are happy to meet with you, at your convenience to discuss your rights and entitlements. Our practice is maximumrecovery focused and ensures that all options are explored to ensure a strong and timely return to pre-accident life.
AT FAULT OR NO-FAULT BENEFITS ENTITLEMENT:
It is important to note that, regardless of fault, if you have sustained injuries in an accident, your automobile insurance company may be obligated to provide the following benefits pursuant to the Statutory Accident Benefits Schedule (“SABS”):
- Income Replacement Benefit – If you were employed at the time of the accident and can no longer return to work, you may be entitled to 70% of your gross weekly income capped at $400.00 per week.
- Non-Earner Benefit – If you were not employed at the time of the accident, but have suffered a complete inability to carry on a normal life within the first 104 weeks of and as a result of the accident, you may be entitled to a benefit of $185 per week.
- Caregiver Benefit – If you were a caregiver at the time of the accident, have sustained a catastrophic impairment within 104 weeks of the accident and are unable to engage in the prior caregiving activities, you may be entitled to a benefit of $250 per week.
- Attendant Care Benefits – If you have suffered an inability to complete personal grooming tasks due to injuries sustained in an accident, you may be entitled to an attendant care benefit.
- Medical and Rehabilitation Benefits – If you are in need of physiotherapy, chiropractic, massage treatment and/or other medical treatment as a result of injuries sustained or exacerbated in the accident, you may be entitled to up to a maximum of $1,000,000.00 of medical and rehabilitation benefits.
- Death Benefits – If a loved one has passed away as a result of an accident, the deceased’s spouse may be entitled to up to $25,000, in addition to $10,000 per dependant and funeral expenses in accordance with the SABS.
IMPORTANT NOTE: All the above noted benefits are subject to compliance in accordance with the SABS and are affected by the date of the accident, type and severity of injuries sustained and various additional factors.
ADDITIONAL NO FAULT ENTITLEMENTS (TORT):
If a person has sustained injuries and damage in a car accident through no fault of their own, they may be entitled to the above-noted benefits pursuant to the Statutory Accident Benefits Schedule and may also be entitled to a claim in tort against the party that caused the accident.
In order to commence a claim against the at-fault party for pain and suffering, a person must have suffered injuries that would be considered to breach the statutory “threshold”. According to the Insurance Act in Ontario, a tort claim may be commenced where a person as sustained:
- A permanent and serious disfigurement; or
- A permanent and serious impairment of an important physical, mental or psychological function.
The quantum of general damages that a person may be entitled to in a tort action depends on various factors including the date of the accident, the injuries sustained and the effect that the injuries had on the daily life of the individual.
It is important to note that an action in tort against an at-fault party may also include a loss of income claim, a loss of anticipated income claim, a housekeeping claim, future cost of care claim and a claim for out-of-pocket expenses.
If you have suffered a loss in an accident, call us at 1.8444.IN.PAIN (1.8444.46.7246) so
that we can explain your rights further and evaluate your case. It is important to note that the at-fault party must be put on notice of the claim within 120 days of the date of loss and the action must be commenced within 2 years from the date the accident occurred.
WHEN THE AT FAULT PARTY IS UNIDENTIFIED:
You may still be entitled to a tort claim under the uninsured and underinsured coverage provisions of the Insurance Act if the at-fault party intentionally fled the scene, unknowingly caused the accident and failed to stop at the scene and/or did not have insurance at the time of the accident.