I’ve been injured in a car accident – Who Covers What?

Sep 28, 2018 | Legal Article

Rachelle Mitri

Personal Injury Lawyer

If you have been injured in a car accident, the circumstances of the accident will determine which insurer is responsible for providing you with coverage for accident benefits. If you are the driver of your own insured vehicle, you will be covered by the insurer of the policy in which you are named for accident benefits. This will also apply if you are a listed driver on someone else’s policy. The accident benefits will typically include income replacement, medical rehabilitation, and non-earner benefits, among others.

I’ve been injured in a car accident – Who Covers What?
If you do not have your own insurance at the time of the accident, do not panic! The government of Ontario provides many avenues in which you may make a claim for accident benefits through the insurance of others. For instance, if you are the driver of a company vehicle, then you may make a claim through the insurer of that vehicle. If you were injured as a passenger in someone else’s vehicle, you may claim accident benefits through their insurer. If you were a passenger in an uninsured vehicle, then you may claim accident benefits through the insurer of another vehicle involved in the accident. If you were a pedestrian, then you may claim accident benefits through the insurer of the vehicle that struck you. However, in Ontario, if you were either a pedestrian or a passenger and none of the above circumstances apply, and you still have no recourse through which to claim accident benefits, you’re in luck! The Motor Vehicle Accident Claims Fund acts as the insurer of last resort where there are no other insurers from which to claim accident benefits. When this is the case, the fund may pay for your accident benefits.

Aside from accident benefits, the law provides for an injured person to sue the at-fault individual, and their insurer for their negligence. Some common damages which are claimed in motor vehicle accidents include pain and suffering, loss of income, loss of competitive advantage, special damages, and compensation for other losses. The deadline for suing the at-fault driver and their insurer is generally two years after the date of the accident, barring only a few limited exceptions. In Ontario, if the at-fault driver is uninsured, underinsured, or unidentified, you may sue your own insurance provider for compensation. Often times, these situations can become extremely complicated and you will likely require the expertise of an experienced Toronto accident lawyer.

courtland holder
courtland holder
14:27 12 Feb 18
My wife & I had the pleasure of working with Alexander Lee and Ikbir Khongura. They were excellent in research and information, They both were on time and ready.. very professional and determined to get the best results for us. They worked very hard and made sure we as clients were comfortable, happy and well taken care of! Most importantly they are fighters, they made sure our best interest were put first and our needs were met. A lot of lawyers don't really care, but they made sure justice was served! They did an amazing job in taking care of us and will be recommending their services!
Luci S.
Luci S.
21:46 08 Dec 17
From the moment Grillo Barristers took on my case, until I was able to come to my desired settlement, they have been nothing but amazing, caring and professional. I had an amazing team working on my case, and couldn't believe how well and timely my file was handled. My lawyer Anthony Andreopoulos, with the tremendous help of Justine and Zachary, constantly kept me updated with every action that was taken on the file and made me feel at ease knowing my case was in good hands. I couldn't have asked for a better firm to handle my file, so thank you guys so much for everything, I appreciate it more than you know!
Jan MacMillan
Jan MacMillan
23:28 05 Feb 18
I worked with Rachelle Mitri and her team and I found the company in general and Rachelle in particular to be extremely professional, while being nice people to work with. Ms. Mitri kept me informed of my case. And guided me through an unfamiliar system with great diligence. I always felt valued and respected. Great Lawyers !
Theresa Dea
Theresa Dea
23:10 19 Dec 17
It's unbelievable how long it takes for the insurance companies to settle. They live by the fact that they can outlast you! Don't give up! Hang in there! Stefanie and her team worked hard and did an excellent job. I received the best settlement available!!!
Patrick k
Patrick k
19:13 07 Dec 17
Where do I begin?? I am not usually one to leave reviews on services but this one is definitely an exception. From start to finish, I felt incredibly comfortable having my claim in Grillo's hands. I felt as though the team was in complete control and I could just sit back and receive updates when necessary. With the utmost confident I can say that Grillo Barristers is the best personal injury law firm in Toronto. The process was quick, cheap and stress free. I must especially thank Lauren Sivitilli. Having very limited knowledge of lawsuits, Lauren was able to perfectly break the processes down for me and educate me on my claim. She was quick to answer emails addressing any concerns and always kept me up to date. I will definitely be recommending Grillo Barristers services to my family, friends and coworkers. Amazing!
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