Motor Vehicle Accidents

Beginning in 1990, the law governing claims arising out of motor vehicle accidents has undergone substantial reform in the Province of Ontario. Whether those reforms have improved the situation is perhaps debatable, but certainly they have complicated the process for both injured persons and insurers. The following outline of the current statutory regime (governing accidents occurring on and after November 1, 1996) should be regarded only as a very basic introduction.

Any person suffering personal injuries as a result of a motor vehicle accident is entitled to claim against their own insurer for certain accident benefits; for example, income replacement, psychological counseling, chiropractic services, vocational rehabilitation, etc. Entitlement to accident benefits is not dependent upon proof that the accident was someone else's fault. However, an insurer may refuse to provide benefits under certain circumstances; for example, if it believes that the injuries alleged are not serious, or that they did not actually result from the accident. Persons wishing to dispute their insurer's refusal to provide or continue benefits must apply for mediation by the Financial Services Commission of Ontario. If mediation fails to resolve the dispute, injured persons may pursue the matter via their choice of a lawsuit or arbitration.

Additionally, where an injured person believes that the accident was the result of someone else's negligence, they are entitled to bring a separate lawsuit to recover "tort" compensation. In such cases, recovery will be contingent upon proof that the accident was in fact the fault of the defendant(s). Additionally, compensation for economic losses (that is, income losses in excess of income replacement benefits received, or loss of future earning capacity) is limited to 80% of net income lost prior to trial (100% thereafter). Further, only those persons "suffering permanent disfigurement or permanent serious impairment of an important physical mental or psychological function" are entitled to sue for non-economic losses (pain and suffering). Finally, a $15,000 deductible applies to such non-economic losses.

Petrillo Law represents both insurers and insured persons in the accident benefits claims process. Additionally, we represent both plaintiffs and defendants in motor vehicle tort litigation.

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