Motor Vehicle Litigation

The lawyers at Waterous have extensive experience with acting for claimants who have been injured in a car accident. Whether your injury is catastrophic or less serious in nature, our lawyers can assist you in obtaining compensation for your injury. Motor Vehicle claims typically involve two aspects, both of which are critical to the proper handling of your claim.

Filing an Accident Benefit Claim (which involves applying to your own insurance company)

Filing a Tort Action (which involves starting a lawsuit against the driver at fault)

These two types of claims are very much intertwined and it is important to speak to an experienced personal injury lawyer at the outset to ensure that your claim is handled properly.

Accident Benefit Claim

If you have been injured in a car accident, whether as a driver or a passenger, you may be entitled to accident benefits through your own auto insurance company. These benefits are often referred to as “no fault benefits”. People often mistakenly believe that these benefits are payable only if they are not at fault for the accident but this is not the case. As the name suggests – “no fault benefits” – these benefits are payable regardless of fault for the accident. As such, even if you ran a red light and caused the accident, you may be entitled to accident benefits.

There are many different benefits that you may qualify for through your own insurance provider, including income replacement benefits (for loss of income), medical and rehabilitation benefits (to assist with necessary treatment), attendant care benefits (if you are unable to care for a dependant as a result of the accident), housekeeping and home maintenance benefits (if you are unable to carry out household duties and are paying a third party to assist you), non-earner benefits (if you were not employed at the time of the accident but suffer from a substantial inability to carry on a normal life).

In some cases, a dispute arises between an injured party and his or her own insurance company. There are procedures put in place in order to deal with these kinds of disputes. For instance, you may wish to mediate, arbitrate or litigate the dispute. Mediation and arbitration are most commonly dealt with through the Financial Services Commission of Ontario (FSCO), while litigation goes through our court system.

We have experts that specialize in accident benefit claims. These experts can assist you with applying for these benefits, and can help ensure that your insurance company is paying you to the full extent of your entitlement. The insurance forms that you are required to fill out can often be confusing and overwhelming, particularly if you have just been injured in a car accident. There are also strict deadlines and requirements regarding documentary disclosure that must be adhered to in order to ensure that you receive benefits.

The legislation regarding accident benefits is ever-changing, as is the process for disputing entitlement to accident benefits. In order to ensure that your tort action is handled efficiently and effectively, it is imperative that your accident benefits claim get off to the right start. The litigation team at Waterous has extensive experience with the accident benefit process, whether it simply involves an application for benefits or a dispute about benefits, and is always up-to-date regarding the most recent changes in legislation.