Many people who are injured in a car accident for the first time
do not know where to go to ensure that they have the medical
coverage they need to recover from their injuries.
If a person is fortunate enough to have benefits through his or
her workplace or through the workplace of a spouse or parent, then
the first recourse is to apply for benefits through this
Once a person has exhausted his or her "collateral
benefits", he or she is entitled to certain benefits from his
or her own automobile insurance company. These benefits from
a person's own automobile insurance company are commonly known
as "no-fault benefits" or "accident
benefits". Accident benefits are detailed in the
Statutory Accident Benefits Schedule (SABS), which is a regulation
of the Insurance Act.
The accident benefits that a person is entitled to receive will
typically be based on the type of injury that he or she has
suffered in the car accident. Accident benefits can be
considered under three categories. The most severely injured
people will be deemed "catastrophically impaired".
People who have suffered soft tissue, pains and strains, or partial
tears will be placed in the minor injury guideline
("MIG"). Individuals whose injuries fit into
neither the catastrophic category nor the minor injury guideline
category can be considered "non-catastrophic".
If a person has been injured in a car accident, he or she may
issue a claim against the at-fault driver. This claim is
commonly referred to as a "tort" claim.
There are, however, certain restrictions a person will face when
pursuing a tort claim. For one, a person must prove that his
or her injuries meet a certain level of severity, commonly referred
to as "the threshold", to recover anything for certain
types of losses, including pain and suffering.
Additionally, if the damages that an individual is awarded
for pain and suffering are $100,000 or less, there is a statutory
deductible of $30,000. This means that if an individual is
awarded $30,000 for pain and suffering, he or she will in fact
receive nothing. (Similarly, if an individual is awarded $95,000
for pain and suffering, they will actually receive $65,000.)
Finally, there is a limitation period in Ontario that is normally
two years from the date of the accident. This means that an
individual must issue a statement of claim with the court before
the second anniversary of the accident. If a person waits
more than two years, that person may be barred from pursuing the
claim even if it is otherwise a strong claim.
This posting is meant to provide only general information not
legal advice. Individuals should hire a lawyer to obtain
legal advice with respect to the specifics of their particular
It's not often that our little blog intersects with such titanic struggles as the U.S. presidential race – and by using the term "titanic" I certainly don't mean to suggest that anything disastrous is in the future.
J.J. v. C.C., is an interesting case in which the court held that an automotive garage owes a duty to minor children to secure the vehicles on the premises by locking the cars and safely storing the car keys...
In Irwin v. Alberta Veterinary Medical Association, 2015 ABCA 396, the Alberta Court of Appeal found that the "ABVMA" failed to afford procedural fairness to a veterinarian undergoing an incapacity assessment.
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