Does Ontario have No-fault Car Accidents?

A well-educated woman came into our personal injury law office office today to ask about her Ottawa car accident that happened almost two years ago.  I asked her why she waited until just before the limitation period expired.  It is much more difficult to pull the case together at the last minute.  Her answer surprised me.

She explained that she has been receiving “no fault” accident benefits from her own car insurer since the accident.  She assumed that by accepting the accident benefits, that meant she could not sue.  The various form letters she received from the insurance company reinforced her belief that she could not sue.

In fact, lawsuits by injured victims against the at fault drivers in motor vehicle accidents are exceedingly common in Ontario and are certainly allowed.  As long as your case meets the “threshold”, you can sue for pain and suffering, certain medical expenses, loss of past and future income, family law act damages and many other types of damages.

Don’t assume you know what the “threshold” is or how it applies to your case.  Take advantage of the free consultation offered by most Ottawa personal injury lawyers to learn about whether your case meets the test for claiming damages in Ontario.

About the Author: Brenda Hollingsworth

Brenda Hollingsworth co-founded Ottawa’s Auger Hollingsworth in 2005 with her husband Richard Auger. Together, their mission was to create a personal injury law firm for Eastern Ontario that is unrivalled in the province for customer service and legal expertise. Brenda was named an Ottawa Business Journal Forty Under 40 award recipient and took home the Women’s Business Network’s Businesswoman of the Year award in the Professional category. She was also recognized as one of Ottawa Life Magazine’s “Top 50 People in the Capital.” She is often quoted as an expert and has appeared in media outlets such as CTV, The Globe and Mail, National Post, Ottawa Citizen, Sun Media, CBC, Toronto Star, Montreal Gazette, CFRA and many legal publications.

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