Car insurance can be confusing, especially when you're a passenger in a car accident.
Even if you don't own a vehicle or have insurance, you may still be entitled to benefits and having your medical costs covered. The legal side of things can be even more surprising—believe it or not, you might have a case against the driver of the car, even if they're a friend or family member. Here's what you need to know.
Accident Benefits for Injured Passengers
Ontario's Accident Benefits system is designed to protect anyone injured in a car accident, regardless of fault. Even if you don't have your own car insurance policy, there's usually a policy that will cover you.
This coverage includes income replacement benefits if you're unable to work due to your injuries, or non-earner benefits if you're a student or caregiver. More importantly, your rehabilitation costs will be covered, including treatments like physiotherapy, psychotherapy, occupational therapy, and massage therapy.
What to Do If You're an Injured Passenger
Here's how you should report the accident, depending on your insurance situation:
- If you own or lease a vehicle and have insurance: Report the accident to your insurance company.
- If you're the spouse of someone who has insurance: Report the accident to your spouse's insurance company.
- If you don't have your own coverage: Report the accident to the insurance company of the driver of the car you were in.
- If none of the above apply: If another vehicle was involved, report the accident to the other driver's insurance company.
Sometimes it's hard to determine which insurance company is responsible for covering your claim, but thankfully, the Ontario regulation known as Disputes Between Insurers, O. Reg 283/95 ensures that the first insurance company you apply to will pay your benefits while any disputes between insurers are resolved.
Can I Sue in Court?
Yes, as an injured passenger, you can also file a lawsuit. While Accident Benefits cover some losses on a no-fault basis, a lawsuit allows you to claim compensation for pain and suffering, future loss of income, and future medical expenses that might not be fully covered under the benefits system.
Here's the tricky part: you might end up suing the driver of the car you were in, even if that person is your mother, spouse, or friend. While this sounds awkward, your claim is really against the driver's liability insurance policy. Even if there's uncertainty about which driver was at fault, passengers are never held responsible.
Why You Need a Lawyer
If you're a passenger injured in a car accident, it's crucial to hire a lawyer quickly. The legal landscape can be complex, and strategic decisions—like whether you should sue a family member—can have unintuitive answers. For example, you might need to sue your spouse to ensure that your damages are covered by their liability policy.
Accidents are stressful enough without having to navigate the maze of insurance claims and lawsuits. A lawyer can guide you through the process, ensuring you receive the compensation and care you need to recover.
In summary, if you're a passenger in a car accident, don't assume you're out of luck just because you don't have insurance. With the right legal help, you can access benefits and, if necessary, pursue a lawsuit to get the compensation you deserve.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
