Ontario has a system of statutory benefits for all accident victims regardless of fault. In general, accidents are deemed to be caused by someone’s fault or negligence. Thorough investigation of the circumstances can yield enough evidence to point out where the fault lay. However, under the Statutory Accidents Benefits Schedule of Ontario, accident victims can make claims on their own insurance company for benefits. These claims are called “first party” claims for damage to property and compensation for injuries/losses suffered as a result of the accident.

Under this law, those who are at fault or whose negligence caused the accident are also entitled to claim benefits from his or her own insurer. They can claim compensation for income loss and medical and rehabilitation expenditure. However, being found at fault can raise such a person’s insurance premiums. The insurance company will use their industry’s “fault determination rules” and determine the degree of fault. This results in a rise in that person’s insurance premiums the next time the policy is renewed.

Apart from no-fault insurance, the at-fault party can be held liable in a personal injury suit. The accident victim or plaintiff can claim pain and suffering, loss of income and medical expenses, apart from any other relevant categories once the fault has been established. In such a case, the plaintiff’s personal injury lawyers will have to prove anew the negligence or fault. Our experienced personal injury lawyers can ensure that a strong claim backed by the right testimony and evidence is presented.