Most insurance
companies do not provide you with the information that
you require in order to maximize your benefit entitlements.
In fact you may be entitled to benefits even if you were
totally at fault in the accident! The No-fault system
in Ontario is very confusing so call us now at
1-800-JUSTICE® or fill out our Case
Evaluation Form.
Here are some frequently asked questions:
When can you sue for non-pecuniary general damages a.k.a
Pain & Suffering and Loss of Enjoyment of Life?
To sue for these damages you must prove that your injury
“meets the threshold.” This can only be done if you have
sustained:
a. Permanent, serious
impairment of an important physical, mental or psychological
function; or
b.
Permanent serious disfigurement (i.e.
Scarring)
What
happens if your injury meets “the threshold”?
There is a $30,000.00 deductible from
the amount of damages you would otherwise receive. However,
the deductible does not apply to these damages if the
award exceeds $100,000.00.
Do
family members have the right to sue?
Yes. In the event
of death or injury as provided for in
Ontario’s
Family Law Act, non-pecuniary Family Law Act claims are
subject to a $15,000.00 deductible. However, the deductible
does not apply if the award for these damages exceeds $50,000.00.
Do
the principles of meeting “the threshold” or the deductibles
apply to loss of income?
No. They only apply when you are suing
for non-pecuniary general damages.
How
soon can you begin receiving loss of income?
You cannot receive any loss of income for
the first 7 days after the collision.
How
much can your receive before and after trial?
Before trial, you
can receive only 80% of your net loss of income (less
any accident benefits which are received). After trial,
you can receive 100% of your gross loss of income. In
certain cases, you may have to assign over any future
collateral benefits you are entitled to in the future.
What
are collateral benefits?
A collateral
benefit includes payments for loss of income from another
private or public plan such as income replacement benefits,
long term disability benefits, or CPP disability payments.
What
health care expenses can you claim in a tort action?
If
you have sustained a threshold crossing injury, you are
able to claim the cost of all medical and rehabilitation
expenses incurred as a result of your accident, in excess
of amounts paid or available from your own insurer.
What are other pecuniary losses?
A common example of "other
pecuniary losses" is the cost of hiring somebody to perform
your daily activities (e.g. household chores) that you
are no longer capable of doing because of your accident.
|
