Were you recently injured in an accident involving a public transportation entity operated by the Toronto Transit Commission (TTC)? You may have the right to pursue compensation if you were hurt as a result of an accident involving a streetcar, bus or train.
TTC accident and injury cases can be intimidating and complicated types of accident claims in Ontario.
Our personal injury lawyers can meet with you for a free initial consultation. Call (416) 364-2000
Below are four things to understand as you seek financial recovery for your injuries.
1. Accident Benefits May Be Available to You
You may qualify for Ontario’s statutory Accident Benefits if you were injured in a collision between your vehicle and a TTC vehicle. You may even qualify for Accident Benefits if you were a passenger on a TTC train, streetcar or bus involved in a collision with another vehicle. To receive benefits, you can seek benefits under your own motor vehicle insurance policy or someone else’s in your household. If the latter is unavailable, you can seek benefits through the TTC.
Available benefits may include:
- Income Replacement Benefit – to compensate a certain percentage of your missed wages;
- Medical and Rehabilitation Benefit – to pay all necessary and reasonable health care costs related to your accident injuries (not including any expenses covered by OHIP or a private health insurance policy);
- Attendant Care Benefit – to defray the cost of hiring an in-home nurse when your injuries prevent you from participating in self-care activities like dressing and grooming (also available to offset the cost of residence in a long-term care facility); and
Your available benefits depend on the terms of your insurance policy and the nature of your injuries. For instance, a more severe injury qualifies for a greater payment for medical bills and so on.
2. You May Have Grounds to Bring a Claim against the TTC
You may be able to file a tort claim (lawsuit) against the TTC for causing your accident and injury if a TTC driver was to blame for the accident. If another motorist caused or contributed to the accident with the public transit vehicle on which you were riding, you may pursue a case against that driver.
Be sure to discuss liability in a tort action with a lawyer. This action will be based on negligence and seeks compensation to address your damages, such as medical costs and lost earning capacity.
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3. You Have Limited Time in Which to Take Action
Most injury lawsuits must be initiated within two years of the incident. However, you may have a matter of months in which to notify the liable party of your intent to seek recovery.
Additionally, you have just seven days from the date of the accident in which to notify your insurance company of your injuries. Within that time, you must inform them you intend to seek Accident Benefits. You must then submit your Application for Accident Benefits within 30 days or receipt of the application.
4. You May Hire a Lawyer for Legal Assistance
Navigating an Accident Benefits claim or TTC tort action can be a challenging endeavor for someone with no legal training. A lawyer can provide you with information you need to keep from inadvertently harming your case. An attorney will help you prepare for and pursue Accident Benefits as well as a tort claim against the TTC. Call 1-800-JUSTICE® to schedule your case evaluation with Preszler Law.