Motor Vehicle Accident FAQs
Common questions regarding car accident injury claims as detailed by an injury lawyer. For other frequently asked questions consult with the Preszler Injury Lawyers FAQ page.
Do I need a lawyer if the other driver was clearly at fault?
Yes. Even when fault seems obvious, insurers often argue about liability or damages. A lawyer ensures your rights are protected.
What if I was partially responsible for the accident?
Ontario uses a system called contributory negligence. If you share blame, your damages may be reduced by your percentage of fault.
How much does it cost to hire a car accident lawyer?
Preszler Injury Lawyers works on a contingency fee basis. You don’t pay upfront legal fees. Instead, payment is based on the outcome of your claim.
What if the other driver doesn’t have insurance?
The Motor Vehicle Accident Claims Fund provides a safety net in these situations. Our team can help you pursue this option.
Can I still claim benefits if I was a passenger?
Yes. Passengers have the same rights to accident benefits as drivers. You may also pursue a tort claim against the responsible driver.
How soon after an accident can I start receiving loss of income benefits?
Loss of income benefits are typically paid to injured victims of motor vehicle accidents once their claim has been approved by their auto insurance provider. To receive these benefits, you may be required to provide your insurer with documentation from your employer, physicians, and other medical experts stating that your injuries prevent you from working. You will not be granted loss of income benefits for any wages lost during the first 7 days after the injury-causing collision, however you may be eligible to claim lost income for missed working days after that time limitation has elapsed.
What happens if my injuries meet the threshold of catastrophic impairment?
If your injuries meet the threshold of catastrophic impairment, you may be entitled to additional benefits such as increased medical and rehabilitation benefits, attendant care benefits, and housekeeping and home maintenance benefits.
Do my family members have the right to sue the at-fault driver?
Close family members of a person who has been injured or killed in a motor vehicle accident may be able to sue the at-fault driver for their own losses such as loss of care, guidance, and companionship.
How much money can I receive to cover lost wages before and after trial?
The amount of income replacement benefits you can receive will depend on your pre-accident income, but typically these benefits can cover up to 70% of your gross income before the accident, up to a maximum of $400 per week. If you pursue a civil claim against the at-fault driver whose negligence caused your collision, you may be able to recover 100% of your gross income loss and earning capacity after the trial.