Motor Vehicle Injuries
If you’ve been injured in a motor vehicle accident, you are entitled to accident benefits regardless of who caused the accident. You can make a claim if you were a driver, passenger, pedestrian, cyclist or passenger on a bus or street car. You may also be entitled to sue for pain and suffering. You should know that your insurance company will not provide you with the information you need to maximize your benefits. Determining whether you have a case requires the expertise of a personal injury lawyer. Don’t hesitate to call us for a consultation. There are strict time limits on how long you have to commence each part of your claim.
When you are involved in a motor vehicle accident in Ontario, there are actually two potential cases. In other words, two separate claims.
1st Party Accident Benefits Claim
The first case is known as the first party claim or accident benefits case. Here you are claiming against your own insurance company who are obligated to provide you benefits including:
- medical expenses and reports
- income replacement up to $400 per week (nothing for the first week) and most importantly
Bergel, Magence LLP will help you take advantage of all the accident benefits available to you through your own insurance company.
3rd Party or “Tort” Claim
The second case is known as the 3rd party claim or the Tort claim (“tort” means “wrong” in French and the tortfeasor is the wrong doer).
In this case, you are suing the person (3rd party) who hit you for pain and suffering. In today’s Motor Vehicle Legislation, this is a difficult case. To succeed in this case, you must show that the other party was at fault and that you have suffered a serious AND permanent injury. Furthermore, there is a $30,000 deductible, so if you win a settlement of $50,000 you will only get $20,000 less legal fees.
The rules are different when it comes to more serious cases. Your best advice is to call us as soon as possible after your injury takes place so we can guide you correctly.