Single-Vehicle Accidents: Can You Still Claim Compensation?

You may still be eligible for compensation after a single-vehicle accident, even if you were the only driver involved.

Ontario’s no-fault insurance system allows injured individuals to access benefits for medical care, income replacement, and rehabilitation, regardless of fault.

Many drivers mistakenly believe that losing control on icy roads or veering off the road disqualifies them from benefits. However, these situations often fall under the Statutory Accident Benefits Schedule (SABS).

A lawyer can review your case, identify all available coverage, and ensure you receive the full range of benefits you’re entitled to under Ontario law.

If you’re unsure about your rights after a single-vehicle accident, contact Preszler Injury Lawyers for a free consultation.

Our Toronto car accident lawyers can help you navigate the complexities of your claim and pursue the compensation needed to support your recovery.

Key Takeaways About Why Legal Representation Matters When Pursuing Single-Vehicle Accident Compensation

• Accessing SABS benefits requires strategic action. The Ontario Insurance Act outlines benefits such as income replacement and rehabilitation services; however, disputes over eligibility or injury classification are common. A lawyer can help you navigate these challenges and secure the benefits you deserve.
• External factors may lead to additional claims. Poor road maintenance, defective vehicle parts, or other external factors may contribute to single-vehicle accidents. Legal professionals can investigate these causes, gather evidence, and pursue additional compensation through tort claims or lawsuits.
• Fault determination rules can be challenged. Insurance companies often use the R.R.O. 1990, Reg. 668, Fault Determination Rules to assign blame and limit payouts. A lawyer can challenge these assessments to ensure technicalities or oversights don’t unfairly reduce your compensation.
• Timely action protects your rights. Ontario law imposes strict deadlines for filing lawsuits and notifying insurers. Consulting a lawyer early ensures deadlines are met, evidence is preserved, and your ability to pursue compensation is safeguarded.

When Is a Single-Vehicle Accident Not Your Fault in Ontario?

While SABS are available regardless of fault, your ability to sue for additional damages, such as pain and suffering, usually depends on proving someone else was negligent. Even in a one-car crash, you might not be the only party responsible.

Municipal Liability and Road Maintenance

Road conditions play a massive role in the common causes of single-vehicle accidents in Ontario. If a municipality failed to clear ice, repair a dangerous pothole, or properly sign a construction zone, it might bear some liability for your accident.

Suing a city or township involves strict procedural rules, including very short notice periods for reporting a single vehicle accident to insurance and notifying the municipality.

Defective Vehicle Parts

Sometimes the car itself is the problem. A tire blowout caused by a manufacturing defect, brake failure, or a stuck accelerator can lead to a crash in which the driver has no control. In these instances, a product liability claim against the manufacturer or mechanic might be viable.

Unidentified Vehicles

Many single-vehicle accidents occur because a driver takes evasive action to avoid another reckless motorist. If a car cuts you off and forces you into a median, that “phantom vehicle” is technically at fault.

Your own insurance policy may include uninsured and underinsured auto coverage, which may cover you in these hit-and-run-style scenarios. Proving the existence of another vehicle often requires witness statements or video footage, evidence that a legal team can assist in securing.

Understanding Ontario’s No-Fault System

Ontario’s no-fault insurance system allows drivers involved in single-vehicle accidents to access benefits through their own insurance policy.

While this system is designed to provide financial and medical support without lengthy disputes over liability, the process of claiming these benefits can be far from straightforward.

Here’s how legal representation can make a difference:

• Insurance companies often challenge claims. Adjusters may question the circumstances of a single-vehicle accident, looking for reasons to deny or reduce benefits.
• Proving the full extent of your losses requires specialized professional insights. From medical documentation to financial records, building a strong claim often involves collaborating with professionals and experts who can help support your claim for maximum compensation.
• Lawyers can advocate for your rights. A legal professional ensures your claim is thoroughly reviewed, pushing back against unfair denials and maximizing the benefits you may be entitled to under the law.

While the no-fault system aims to simplify compensation, it often leaves claimants facing significant challenges. Legal professionals provide the knowledge and advocacy needed to overcome these obstacles, ensuring you have the best chance of securing the support you need after a single-vehicle accident.

What Are Statutory Accident Benefits?

These benefits are available to drivers, passengers, and pedestrians involved in motor vehicle accidents. When you are considering claiming compensation after a single-vehicle crash, SABS is usually the first avenue to explore.

Income Replacement Benefits

If your injuries prevent you from returning to work, financial stress can mount quickly. SABS income replacement benefits in Ontario are designed to mitigate this pressure.

Generally, you may be eligible to receive a portion of your lost income, typically calculated at 70 percent of your gross income, up to a specific weekly maximum.

While the calculation seems straightforward, disputes often arise regarding pre-accident income levels or the extent of the disability.

A lawyer can help gather the necessary employment records and medical evidence to substantiate your claim for fair income support.

Medical and Rehabilitation Benefits

OHIP covers basic medical needs, like hospital stays and doctor visits. However, recovery from a car accident often requires more extensive care.

Ontario SABS medical and rehabilitation benefits fill the gaps where public healthcare ends. This can cover physiotherapy, chiropractic treatments, psychological counselling, and even medication.

Insurance companies sometimes argue that certain treatments fall under the minor injury guideline of Ontario auto insurance, which caps the amount available for rehabilitation.

If your injuries are more severe than a simple strain or sprain, a lawyer can argue against this classification to unlock higher tiers of funding for your recovery.

Attendant Care and Other Support

Severe injuries may leave you unable to care for yourself or your home. In these situations, attendant care benefits after a car accident can cover the costs of hiring a personal support worker or a family member to assist with daily living tasks.

Additionally, if you sustained a catastrophic injury, you might access housekeeping and home maintenance benefits to help with chores you can no longer perform.

Recognizing the full scope of what you are eligible for may be difficult without legal insight. A lawyer can assess your situation against the SABS criteria to identify every potential benefit, ensuring nothing is overlooked.

The Role of Fault Determination Rules in Single Vehicle Accidents

Insurance companies rely on the R.R.O. 1990 Reg 668 Fault Determination Rules to assign blame in accidents. These rules are often rigid and may not fully account for the complexities of real-world situations. In single-vehicle accidents, the default assumption is frequently that the driver is entirely at fault.

This determination can affect your insurance premiums and the deductible required to access policy benefits. However, being deemed at fault does not necessarily disqualify you from accessing the Statutory Accident Benefits Schedule (SABS).

That said, it can complicate your ability to pursue a tort claim for additional damages.

Legal professionals can challenge fault assessments when insurers apply these rules incorrectly or fail to consider mitigating factors, such as poor road conditions or weather-related hazards.

By addressing these nuances, a lawyer can help protect your rights and ensure you are not unfairly penalized for circumstances beyond your control.

The Importance of Taking Prompt Action After a Single Vehicle Accident

Legal deadlines can significantly impact your ability to pursue compensation after a single-vehicle accident. In Ontario, the car accident limitation period is typically two years, meaning you must file a lawsuit within this timeframe or risk losing your right to sue.

Additionally, there are shorter deadlines for other critical steps, such as:

• Reporting the accident to your insurer. This must usually be done within seven days of the crash.
• Applying for Accident Benefits. You generally have 30 days to submit your application for support.
• Preserving evidence. Skid marks, road conditions, and surveillance footage can disappear quickly, making early action essential.

Legal professionals can also guide you through the process, helping to protect your rights and strengthen your claim from the outset.

What If You Were a Passenger in A Single-Vehicle Auto Accident in Ontario, Canada?

Passengers in single-vehicle accidents often have a valid claim against the driver’s insurance policy. This includes access to accident benefits and, in some cases, a tort claim for negligence. Here’s how legal representation can help:

• Focus on the insurance company, not personal assets. Claims are typically paid by the insurer, not the individual driver.
• Handle sensitive situations professionally. Lawyers can navigate these claims with care, ensuring relationships remain intact.
• Secure fair compensation. Legal professionals advocate for the full scope of benefits you may be entitled to under the law.

By working with a lawyer, passengers may be able to pursue the support they need without jeopardizing personal relationships.

Dealing with Catastrophic Injuries From Single-Vehicle Accidents

Some single-vehicle accidents result in catastrophic injuries, such as permanent disfigurements or amputations. These injuries qualify for a catastrophic injury designation under Ontario SABS, which provides access to significantly higher levels of funding for:

• Lifetime care. This includes personal support workers, rehabilitation, and medical equipment.
• Housing modifications. Adjustments to make your home more accessible, such as installing ramps or widening doorways.
• Income support. Compensation for lost earning capacity due to long-term disability.

Proving a catastrophic injury is a complex process that often involves disputes with insurers. A lawyer can commission assessments from top medical specialists to objectively demonstrate the severity of your condition, ensuring you receive the maximum medical and rehab limits allowed under Ontario auto policies.

Single-Vehicle Accidents in Ontario, Canada FAQs

What should I do immediately after a single-vehicle accident?

After ensuring your safety, report the accident to your insurance company as soon as possible, usually within seven days. Document the scene with photos, gather witness information if available, and seek medical attention. A lawyer can guide you through these steps to strengthen your claim.

Can weather conditions impact my ability to claim compensation?

Weather-related accidents are common in Ontario, but they don’t automatically disqualify you from compensation. A lawyer can help demonstrate how factors like black ice or poor visibility contributed to the crash, ensuring your claim is fairly assessed.

What if I was driving a rental car at the time of the accident?

If you were in a rental car, your own insurance policy or the rental company’s coverage may apply. Navigating these overlapping policies can be complex, but a lawyer can clarify your options and ensure you access the benefits you’re entitled to.

Are there benefits available if I am unable to return to work after the accident?

Income replacement benefits are available under SABS if your injuries prevent you from working. A lawyer can help calculate your entitlement and address disputes over pre-accident income or the severity of your disability.

Can I claim compensation if I was partially at fault for the accident?

Even if you were partially at fault, you may still qualify for certain benefits under Ontario’s no-fault system. A lawyer can review your case and advocate for the maximum compensation available, regardless of fault.

What happens if my injuries worsen over time?

If your injuries develop into a more serious condition, you may be eligible for additional benefits or a catastrophic injury designation. A lawyer can help you revisit your claim and secure the support you need as your situation evolves.

How can a lawyer help with disputes over medical treatment?

Insurance companies may argue that certain treatments are unnecessary or fall under the minor injury guideline. A lawyer can challenge these decisions, working closely with medical professionals to demonstrate the necessity of your care and secure higher funding levels.

Contact Preszler Injury Lawyers to Protect Your Rights After a Single-Vehicle Accident

Recovering from a single-vehicle accident involves navigating insurance claims, understanding your legal rights, and fighting for compensation that supports your recovery. This can be a complex and time-consuming process.

You don’t have to face these challenges alone. Preszler Injury Lawyers are here to provide the guidance and support you need.

Whether it’s accessing benefits under the Statutory Accident Benefits Schedule (SABS), pursuing compensation for property damage, or fighting for a catastrophic injury designation, our team is ready to help you every step of the way.

Take control of your recovery and protect your rights. Contact Preszler Injury Lawyers today for a free consultation and let us help you secure the support and compensation you’re entitled to under Ontario law.

We’re here to help.