What are my Rights After Being Injured in a Motor Vehicle Accident?
Motor vehicle accidents often result in serious injuries to anyone who was involved. It is important to know which steps to take following an accident, because there are deadlines that must be met if you intend on making a claim.
Anyone who is involved in a motor vehicle accident–whether you are the victim (driver, passenger, or pedestrian) or the person who caused the accident–is automatically entitled to “No-Fault Accident Benefits.”
In order to claim No Fault Accident Benefits, the following steps must be taken:
- You have 7 days after the date of your accident to notify your insurance company if you intend to make a claim.
- Your insurance company will provide you with application forms, and you will be given 30 days to complete the forms and return them to your insurance company. The 30 days may be extended if you have a valid reason (for example, not being able to fill out of the forms due to the injuries sustained from the accident), and you are then expected to submit the forms as soon as possible.
- If you have been denied any of the benefits that you claimed, you will then have to seek further assistance from a lawyer. You will have to file an Application for Mediation within 2 years from the date of the denial.
Assuming you are not at fault for the accident, motor vehicle accident victims have the option to sue for any pain, suffering, and loss of enjoyment of life. However, in order to receive compensation, the victim must have sustained a permanent serious impairment of an important physical, mental, or psychological function or a permanent serious disfigurement. The lawyers at Preszler Injury Lawyers can determine whether you have an injury that will be considered a permanent serious impairment etc.
If the accident left you seriously injured and/or disabled, you can sue for your past and future loss of income. In addition, you may have to hire someone to take care of your home until you recover. In this case, you can claim reimbursement for these costs. If you require medical treatment that is not covered under OHIP, you can also claim reimbursement for these expenses. Other claims include but are not limited to suing for damages if a family member dies in a motor vehicle accident or obtaining reimbursement if a caregiver is required to take care of a victim who suffers serious or catastrophic injuries.
If you have been injured in a motor vehicle accident, there are many steps that need to be taken in order to have a successful result. The earlier you are able to involve the support of a lawyer, the better informed you may be in your legal rights. Our lawyers would be happy to discuss the specifics of your case, and see how we might be of service to you. We may be able to ensure that your accident benefits claim is properly submitted to the insurer, and, if applicable, we may be able to start a lawsuit on your behalf.
For more information or to schedule a free initial consultation with our Ontario motor vehicle accident lawyers, call us at 1-800-JUSTICE or fill out our online contact form.
