Motor Vehicle Litigation: Tort 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 motor vehicle 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 accident and can help you evaluate your case and determine which options are best suited to your needs.
If you or a loved one have been injured...
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