If you were in a car accident, you are likely experiencing a lot of anxiety about your health, your ability to continue working, and your finances. Serious injuries affect your life in a lot of different ways. Fortunately, Ontario provides a means by which victims can recover compensation to account for their losses and expenses.
But to recover compensation, you must go through the insurance company. That is not an easy thing to do. Insurers may use various tactics to try to reduce, delay, or deny claims. Therefore, it is so important to work with an injury lawyer in Mississauga who is familiar with Ontario’s car insurance system and who can help you get the compensation you need.
Mississauga car accident lawyers help accident victims secure the benefits they deserve through their Accident Benefits, as well as through a third-party liability claim if another person caused the accident.
Our car accident lawyers can meet with you in Mississauga for a free initial consultation. Call 1-877-573-3563
Dealing with Insurance Companies
Insurance companies may use various tactics to reduce the amount of compensation they pay someone. Here are just a few examples:
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Denying Injuries
Someone’s car insurance claim – including Accident Benefits and third-party liability claims – will cover injuries someone suffered in the accident. Thus, insurers often try to argue that injuries are not the result of an accident, but something else. Someone seeing a doctor after their accident and following treatment protocol can provide a record of their injuries so they can connect them to their accident.
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Forcing Settlements
Insurers know this person’s life is upside down after a serious car accident. They may take advantage of their vulnerable state and try to get them to sign a settlement offer shortly after their wreck, hoping they will accept any settlement they offer them. Someone should make sure they run any settlement offers by their Mississauga car accident lawyer first. If the insurer contacts them, they should tell them that they are managing their case and will handle communications with them.
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Failure to Communicate
Delay tactics like this might discourage some claimants, and some might even stop pursuing the case. This tactic is not only wrong, it is a sign of bad faith. If someone encounters an unresponsive insurer, a lawyer can take action to compel them to act in good faith to resolve their client’s claim.
Types of Benefits
There are two types of claims that a car accident lawyer in Mississauga may file after a car accident: no-fault Accident Benefit claims and third-party liability claims.
Accident Benefits
These are no-fault benefits that are available regardless of who caused the accident. Several types of benefits may be available depending on someone’s circumstances. All claimants are entitled to medical payments, the cap for which depends on the severity of injuries:
- $3,500 per person for minor injuries
- $65,000 per person for medical and attendant care (to pay for someone to help someone care for themselves after the accident) benefits for non-minor and non-catastrophic injuries
- $1 million for medical and attendant care benefits for a catastrophic injury
Given the difference in the amount of benefits available based on injury severity, it is vital for someone to fully establish the extent of their injuries. It could mean the difference between a small, insufficient settlement and one that better covers their medical expenses. Mississauga car accident lawyers build someone’s case through medical records, expert medical testimony, and other relevant evidence that helps them prove the severity of their client’s injuries.
Other types of no-fault Accident Benefits someone may recover include:
- Income replacement benefits
- Caregiver benefits
- Death and funeral benefits
- Dependent care benefits
Third-Party Liability Claims
To recover compensation in a third-party liability claim, they need to prove that the third party caused their accident. All drivers in Ontario must carry at least $200,000 in liability coverage, which covers injuries that the policyholder causes to other people.
If another party caused someone’s accident, they may be entitled to file a third-party claim that can help them recover compensation to better compensate them for their damages. They may be entitled to compensation for:
- Medical expenses
- All lost wages (income replacement benefits through no-fault Accident Benefits only cover a percentage of lost wages)
- Other expenses or financial losses
- Pain and suffering
Establishing Injuries
But Ontario requires you meet a certain injury threshold before you can recover compensation for pain and suffering. This threshold is:
- Permanent, serious disfigurement
- Permanent, serious impairment of an important function
Thus, just as establishing the severity of your injuries is vital in a no-fault Accident Benefits claim, it is also important in a third-party claim. Mississauga car accident lawyer’s thorough case-building can establish that you meet this injury threshold, giving you access to additional compensation. A skilled lawyer approaches every case to ensure you qualify for appropriate Accident Benefits as well as third-party claims if another party is at fault.
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