The answer to this question depends on two things:
- Can you establish that someone else was negligent? This means was the accident someone else’s fault, either because they broke the law or because they did something that a reasonable person would consider unsafe and would not do.
- Was your child injured in the accident?
For an accident involving a vehicle, your child has to prove that he or she suffered “serious and permanent injuries”. This a legal test. Do not assume you know what it means without getting a legal opinion. Plus, even if your child does not meet the serious and permanent threshold, your child may have other financial losses that can still be claimed. The fact is that unfortunately, Ontario has a very complicated insurance regime.
The serious and permanent threshold does not apply to injuries that are not due to a motor vehicle accident