There are often two aspects to the litigation of a motor vehicle/ car accident; a claim for accident benefits, and a claim for damages in tort law, both of which will be discussed in further detail below.
In Ontario, victims of motor vehicle /car accidents obtain accident benefits through their own insurer. The insurance legislation obligates both the insurer, and the insured person(s) to act in good faith when dealing with each other. The system is designed to provide for the ready payment of benefits in an expeditious manner. Deadlines, bilateral obligations and the requirement of timely responses are the mechanisms put in place to provide for the fair and just settlement of disputes.
However, poor communication, withheld information, adjuster inexperience, unreasonable actions, missed limitation periods and unfair business practices can all lead to friction between an insurance company and the insured person. Unfortunately, claimants frequently become involved in the dispute resolution process. This includes mediation, arbitration and litigation. Mediation and arbitration are frequently done through the Financial Services Commission of Ontario (FSCO).
The legal team at Gluckstein & Associates LLP has literally taken hundreds of cases through this forum. We resolve issues that include the interpretation of the Statutory Accident Benefits Schedule, limitation periods, dealings with Designated Assessment Centres, accessing timely and complete medical assessments, and finding appropriate rehabilitation programs. Our firm specializes in litigation, mediation, arbitration and other forms of alternate dispute resolution in order to ensure that our client's rights are protected.
Our firm is also familiar with the processes and procedures under the Motor Vehicle Accident Claims Fund (MVACF). The MVACF provides compensation for personal injury or property damage to victims involved with uninsured, unidentified drivers as well as accidents involving stolen vehicles. It is a payer of last resort with respect to compensation to injured persons where no automobile insurance exists to respond to a claim.
In addition to claims for accident benefits, in certain circumstances, one can also make a claim for damages through the courts. The types of damages one might be eligible for include monetary awards for pain and suffering, lost income and claims for family members under the Family Law Act etc. There are many considerations which have to be made and requirements which need to be satisfied before tort litigation in relation to a car accident can be pursued.
The insurance legislation attempts to limit litigation to more serious claims. It does this in two ways; by applying an automatic deductible to non-pecuniary damage awards, thus discouraging claims that are worth relatively little, and by outlining a definition of the type and severity of injury that must be sustained before litigation can be commenced. This definition is commonly referred to as the 'threshold'. If someone sustains a "threshold" injury in an automobile accident, they can then proceed to bring a claim against the driver of the other car in tort. This threshold definition is constantly being interpreted and reinterpreted by the courts and amended by changes to the insurance legislation.
Auto insurance legislation and litigation is an extremely complex and ever changing area of the law. The solicitors at Gluckstein & Associates LLP have vast experience in this area and diligently keep up to date on the changes to the law. As such, we will be able to explain to you the particular laws and rules that are applicable to your motor vehicle / car accident and can help you evaluate your case and determine which options are best suited to your needs.
Contact us for a free consultation regarding personal injuries sustained in motor vehicle accidents / car accidents.
PERSONAL INJURY LAWYERS