At Fault MVA

‘Update: What you need to know about changes to auto insurance in Ontario’ Click Here

Motor vehicle accidents can include of course yourself as the driver or passenger and all the passengers or drivers of other vehicles involved, as well as the owners of those vehicles if they are different. They could also include the authority that is responsible for the road if it is found that the roads lack of maintenance or poor condition contributed to or caused the crash.

We have divided the claims now in this regard in to two areas:

1. No Fault.

2. At fault – This section deals primarily with at fault issues. Under the Insurance Act, for almost 20 years now, we have made it necessary to prove that you have a permanent and serious impairment of a important bodily function, physical or mental to claim any damages for pain and suffering from a car crash and as of the latest legislation brought in 2003 under Bill 198 it is necessary to show that those damages are worth at least $30,000.00 or more.

However it is still possible to also claim damages for loss of earning capacity and health care costs and expenses due to a car crash from the person who caused the crash or at fault party. It is also possible to claim from the at fault defendant all costs associated with maintaining your house or what is called housekeeping and home maintenance expense.

You may be able to claim such damages even if you do not show that your injuries were in at least one respect a permanent serious impairment.

A permanent serious impairment can include but is not limited to: disfigurement, loss of limb paralysis, vision loss and other injuries which could include a very serious or even moderate form of whiplash or neck, shoulder or back injuries, spinal injuries of all sort, knee or leg injuries, and head or brain injuries even of a mild variety. It is always better to consult with a lawyer first to determine whether any damages could be awarded in a particular injury before dispensing with a claim or before dismissing a chance of bringing an action for damages

Of course if you are to bring an action against an at fault defendant you must show that you are not liable for the car crash in any way. Otherwise part of your damages could be reduced by what is referred to as “contributory negligence”. For instance, failing to keep your seat belt affixed when the accident occurred. Whenever you are mounting such a claim you must make sure you notify both your own insurance company and the insurance company for the other party as well as the at fault defendant. You must make notes and records of not only your experience in the accident but also your problems, symptoms and condition and injuries due to the accident.

It is always a good idea to keep a diary or journal therefore of your experience since the MVA and as well to follow doctors orders or health practitioners orders to the letter. Due to changes made in the Fall of 2003 under Bill 198 the ability to claim damages for pain and suffering and in some other areas of claim are further restricted and qualified. You should consult with a lawyer as soon as possible about all these details if you have been in a motor vehicle accident.

“Were you told you were too late to sue? You may still have time. Contact me about your rights!”

The Farant Team Can Help

Contact us today regarding your entitlement to any of the above damages.