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Motor Vehicle Accident Lawyers
In a serious motor vehicle accident, a life can change forever in an instant. Whether you're a driver or passenger involved in a single or multi-vehicle crash, or a pedestrian or cyclist struck by a vehicle, the force of the impact can cause injury, disability or death.
The costs associated with managing such a life-altering event can be immense. Choosing an experienced, knowledgeable and trusted motor vehicle accident lawyer will be one of the most important decisions you make. They can help you access the benefits and recover the damages that you deserve.
Gluckstein Lawyers have been helping victims of motor vehicles accidents for almost 60 years. Our team has the expertise to handle the most challenging and complex cases.
If you or a loved one sustained a serious injury in a vehicle accident, contact a Gluckstein Lawyer as soon as possible for a free, no obligation consultation to discuss your options.
What Counts as a Motor Vehicle Accident?
Types of Motor Vehicle Accidents.
The different types of motor vehicle accident claims include:
- Automobile accidents: car accidents involving one or more vehicles caused by distracted driving, driving under the influence of drugs or alcohol, vehicles in poor repair, hit-and-run collisions, weather-related accidents and/or dangerous driving.
- Long-haul transport truck and commercial vehicle accidents: these may result from poor training, unsafe working conditions, distracted driving, fatigue, impaired driving, and unsafe vehicle maintenance.
- Motorcycle accidents: these accidents often result in severe injuries or death because of limited rider protection from other vehicles.
- Cyclists or pedestrian accidents: typically involve motor vehicles colliding with a cyclist or pedestrian or otherwise causing a cyclist or pedestrian to injure themselves to avoid being struck.
- Bus accidents: municipal, intercity, school, or sight-seeing buses or coaches can be involved in single-vehicle or multi-vehicle collisions, which can injure passengers and others.
- ATV and snowmobile accidents: riders of these recreational vehicles must carry appropriate motor vehicle insurance coverage (with certain exceptions relating to private property), and may cause injury or be injured in collisions or roll-overs.
- Boating accidents: operators, passengers, or bystanders (swimmers, other boaters or people in the water or along the shore) can be involved in collisions or negligent actions occurring on the water or involving docks or other objects in the water or on shore, leading to injuries or death.
- Airplane and train accidents: excessive turbulence, crashes, collisions or derailments can result in catastrophic injuries and loss of life. Class actions or mass torts may be necessary if there are significant numbers of casualties.
Two Types of Motor Vehicle Accident Claims.
A person involved in a motor vehicle accident has two ways to make a claim for compensation:
- Anyone involved in a motor vehicle accident in Ontario may be eligible for the statutory accident benefits - even if they don't own a motor vehicle or have motor vehicle insurance coverage. These benefits are referred to as "statutory no-fault accident benefits".
- A person involved in a vehicle accident who is deemed to be not at fault or only partly at fault can file a lawsuit and make a tort claim for damages caused by another person's negligence.
Accident Benefit Claims.
A claim must be pursued by an automobile accident victim, through their own automobile insurance (or, depending on the circumstances, through the insurer of another vehicle involved in the accident), for:
- Medical and rehabilitation benefits
- Attendant care benefits Income replacement benefits
- Non-earner benefits
- Caregiver benefits
- Housekeeping benefits
- Death and funeral benefits
- Other benefits
While all these benefits are capped at certain amounts (that may change each year as a result of inflation), the nature and extent of your injuries, disabilities and personal circumstances will determine what and how much you will be eligible to claim or receive. If no one involved in the accident has motor vehicle insurance (or the accident is the result of a hit and run), you may be able to make a claim for accident benefits through Ontario's Motor Vehicle Accident Claims Fund.
The no-fault accident benefits system was designed to ensure that all motor vehicle accident victims (and certain eligible relatives) would be able to receive benefits to aid in their recovery in a timely manner. After a motor vehicle accident, you must notify your insurance company within seven days, or as soon as reasonably possible, that you wish to apply for no-fault accident benefits, and you must file a completed Application Form (OCF-1) with your insurance company within 30 days after receiving the documents from the insurer.
Insurance companies sometimes delay or deny these benefits unfairly. An experienced motor vehicle accident lawyer from Gluckstein Lawyers can help you fight to get what you deserve. We know how to deal with insurers to get results so that you can focus on healing.
Tort Claims.
A tort claim is a civil lawsuit against a negligent party involved in your accident, which caused or contributed to your injuries. Even if you were partly responsible for the accident, if someone else bears more of the blame, you can seek compensation.
While no amount of money can bring back all that you may have lost, awards for damages are designed to acknowledge your pain, suffering, loss of enjoyment of life and pecuniary (calculable) losses, including loss of income, health care expenses, Family Law Act damages (i.e. claims by certain family members), housekeeping and home maintenance expenses.
Your injuries must impact your life to a certain legal threshold for compensation to be recovered in a motor vehicle tort claim. You must provide evidence, mostly medical, to prove you have sustained a permanent serious impairment of an important physical, mental or psychological function; or, you must prove that you have suffered permanent serious disfigurement. You have two years to bring a lawsuit against the at-fault party for a personal injury.
Insurance companies may try to convince you that your injuries do not meet the "impairment" threshold, or they might make a 'lowball' offer to settle your claim early in the hopes that you won't pursue what you might rightly deserve. Gluckstein Lawyers' expertise with motor vehicle accident claims can be called upon to assess whether you have a case and what a fair settlement should take into account.
What to Do If You've Been Hurt in a Motor Vehicle Accident.
In the aftermath of a serious vehicle accident, you could be in a state of shock and/or so severely injured that you are incapacitated. However, if you are able to take certain steps, you can protect yourself, your loved ones and your rights by trying to do the following:
- Ensure all people involved in the accident are safe and stable.
- Call for help from first responders if any injuries require immediate attention. Always err on the side of caution if you are unsure; some injuries, such as brain trauma, internal bleeding, or other traumatic effects may not be obvious at first.
- Stay at the scene of the accident (if safe to do so, and if conditions permit) until it is appropriate to leave.
- Exchange contact and insurance information with all involved persons. Ask for contact information for any witnesses.
- If you are able to, take photos or video of your injuries and the accident scene.
- Make note of anything that could have contributed to the accident such as poor weather or visibility.
- Be discreet and limit what you say to other people involved in the accident and even your family and especially social media. You may unwittingly say something that could hurt your ability to obtain compensation.
- Go to the hospital for serious injuries and see your doctor as soon as possible for injury assessments and follow-ups.
- Contact a personal injury lawyer before speaking to any insurance provider (particularly one representing an at-fault party). However, report the accident to your own automobile insurer as soon as possible following the accident (or have someone do that for you if your condition prevents you from doing so).
How Can a Personal Injury Lawyer Help?
After a motor vehicle accident, dealing with insurers can feel overwhelming, especially when they attempt to minimize liability while you're already under immense stress. You may feel pressured to accept a low first offer, but this is where having an experienced advocate makes all the difference.
Gluckstein Lawyers understands the insurance process inside and out. We use our expertise and network of specialists to build a strong case for your accident benefits and damages, ensuring your injuries, disabilities, and financial losses are accurately assessed. Our team is not only determined to fight for your rights but also compassionate and committed to your recovery. With client liaisons and medical-trained staff, we provide full-circle care to support you throughout the legal process and help you rebuild your life after an accident.
Contact Us for Your Free, No Obligation Consultation.
If you're unsure about your next steps after a serious motor vehicle accident, a free consultation with Gluckstein Lawyers can provide clarity. We'll listen to your story, explore your options, and determine how we can assist in accessing benefits or compensation for your losses. If we can't help, we'll explain why and suggest alternative paths forward. With nothing to lose and so much to gain, contact Gluckstein Lawyers today.
Related Expertise.
Motor Vehicle Accidents FAQs.
- What do I do if I'm the victim of a hit and run car accident in Toronto?
- If you're in a car accident in Toronto and the other driver flees, stay calm. Ensure you are safe, report the incident to police with details of the fleeing vehicle, gather witness info, document the scene, and notify your insurer. Consider consulting a lawyer to protect your rights and navigate claims. Get More Information
- Do I have to report my car accident in Toronto?
- You must report a car accident in Toronto if there are injuries or if property damage exceeds $2,000, as required by the Ontario Highway Traffic Act. Additionally, notify your insurance company promptly to streamline claims. Providing accurate details ensures compliance and supports your insurance process. Get More Information
- Should I call a lawyer for my car accident claim?
- If you've been involved in a car accident in Ontario, consulting an experienced car accident lawyer is a critical step. These legal professionals provide invaluable support throughout the claims process, ensuring your interests are protected at every stage. Get More Information
- Should I seek medical attention after a car accident even if I am not injured?
- Yes, it's advisable to seek medical attention after a car accident, even if you do not feel injured right away. Certain injuries, such as whiplash, internal trauma, or concussions, may not exhibit symptoms immediately and could surface hours or even days later. Ignoring these signs can lead to complications or prolonged recovery. Get More Information
- How much can someone sue for a car accident in Ontario?
- The amount you can sue for in a car accident depends on factors like injury severity, economic losses, and life impact. Compensation may cover medical bills, lost income, pain and suffering, and more. In Ontario, you can also claim Statutory Accident Benefits, even if you're at fault. Get More Information
- Who is responsible for benefits and damages if you're hurt in an accident while riding a taxi or rideshare?
- In Ontario, both the owner and driver of a vehicle partially or fully responsible for an accident are liable for damages. The type of liability the owner and driver would be exposed to would likely differ if they are not the same person. If you have motor vehicle insurance, you would apply for accident benefits through your own policy. If you do not have a policy, you would apply through the policy of another driver. Establishing which insurer is responsible for benefits and/or damages in taxi and rideshare accident can be complicated and it is always advisable to consult an experience personal injury lawyer to help you clarify matters and understand your rights. Get More Information
- What kind of insurance is required to operate taxis and rideshares?
- To operate a taxi in Ontario, drivers must purchase additional endorsements on their motor vehicle insurance. These endorsements include: OPCF #6A - Permission to Carry Passengers for Compensation Endorsement, OPCF #19 - Limiting the Amount Paid for Loss or Damage Coverage, OPCF #21b - Blanket Fleet Coverage, OPCF #22 - Damage to Property of Passengers. Some rideshare companies such as Uber have also purchased commercial auto insurance policies to further cover their drivers. Get More Information
- What do I do if I've been injured in an accident while riding a taxi or rideshare?
- Once you have taken care to ensure your immediate safety, you should report the accident to police, seek examination by a medical professional at the scene or as soon as possible afterwards, record the contact information and insurance information of all other people involved in the accident, record the contact information of any witnesses, take photos and/or video of the scene of the accident and visible injuries, contact a personal injury lawyer to ensure you understand your rights and then call your insurance provider, or the insurance provider of another driver involved in the accident if you do not have insurance. Get More Information
- How will Gluckstein Lawyers' catastrophic injury accident benefits lawyers help?
- Our team of experienced, skilled and knowledgable catastrophic accident benefits lawyers will assist in filing your claim for benefits, disputing any insurer denials, and building a case to access additional funds through a tort claim if you are eligible to make one. Get More Information
- Aside from accident benefits, how can someone deemed catastrophically injured in a motor vehicle accident fund their care?
- If another person's negligence caused or contributed to your injuries, you may be able to file a tort claim for additional compensation and damages. These civil claims are important and it is possible a person with severe injuries or disabilities will exhaust their SABS benefits while still requiring attendant or other medical care. Get More Information
- How are catastrophic injuries defined?
- Injuries are given a catastrophic designation if they align with one or more of eight criteria in the Statutory Accident Benefits Schedule (SABS) guidelines (or an analogous test for an accident victim under the age of 18). Get More Information
- What can you do if you're denied accident benefits?
- Insurers may have an internal process for contesting a denial of benefits letter. Otherwise, you can submit your case to the Licence Appeal Tribunal (LAT) for review. Get More Information
- Are there time limits to apply for accident benefits?
- A motor vehicle accident involving bodily harm must be reported to police and insurers within seven days (or as soon a reasonably possibly thereafter if circumstances won't permit a report within seven days) for certain benefits. The Application for Accident Benefits (OCF-1) form you receive from an insurer must be completed within 30 days. Get More Information
- How do I obtain accident benefits following a motor vehicle accident?
- After contacting your insurer or the insurer of another driver involved in the accident, you will be sent an Application for Accident Benefits (OCF-1) form. Get More Information
- What benefits are available to someone who is injured in a motor vehicle accident?
- The Statutory Accident Benefits Schedule for motor vehicle accidents includes: medical and rehabilitation benefits, attendant care benefits, income replacement benefits, non-earner benefits, caregiver benefits, housekeeping benefits, death and funeral benefits, other benefits. Get More Information
- What is considered to be a catastrophic injury?
- A catastrophic injury, as defined by Ontario's Statutory Accident Benefits Schedule (SABS), includes severe injuries like brain trauma, paralysis, or limb loss. A catastrophic designation provides access to enhanced benefits, including higher medical coverage, rehabilitation, income replacement, and long-term care, ensuring comprehensive support for recovery and quality of life. Get More Information
- What are some steps you should take if you've had an ATV or snowmobile accident?
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Always seek medical attention, even if your injury appears minor. It is important to rule out serious unseen complications such as brain injury or internal bleeding. If you are able, collect the contact information of anyone else involved in or witness to the accident and take photos of the scene of the accident.
Contact an ATV or snowmobile accident lawyer to learn about your rights and options. If applicable, contact your insurer or the insurer of the driver to begin a claim for Statutory Accident Benefits, other private insurance you hold, or file a claim for damages against an at-fault party.
Get More Information
- What should I do if I’ve sustained a brain injury in an accident?
- Severe brain injuries can cause symptoms like headaches, confusion, memory issues, or paralysis. Even if symptoms aren’t immediate, seek medical care after any head trauma. If your traumatic brain injury (TBI) resulted from someone’s negligence, consult a catastrophic injury lawyer to protect your rights and pursue compensation. Get More Information
- Why is it important to call a lawyer after you’ve sustained a catastrophic injury?
- Hiring a personal injury lawyer experienced in catastrophic injuries is essential for navigating complex cases involving severe injuries like brain trauma or amputations. They provide legal expertise, emotional support, and advocacy to secure fair compensation. In Ontario, you generally have two years to file a claim, so act promptly. Get More Information
- What are some common types of car accidents?
- Most car accidents involve two vehicles, with common types including rear-end collisions, side-impact (T-bone) accidents, and head-on collisions, which often cause severe injuries. Other frequent accidents involve hitting stationary objects, cyclists, or pedestrians. Each type of accident presents unique risks and potential for injury. Get More Information
- What happens if I get hit by someone who is uninsured?
- If you're injured by an uninsured or unknown party, contact a lawyer promptly. You may still be eligible to file a tort claim or access accident benefits through Ontario's Motor Vehicle Accident Claims Fund, ensuring you receive compensation for your injuries and related expenses. Get More Information
- How injured do I have to be to file a car accident claim?
- To make a tort claim after a car accident, you must prove your injury resulted from someone else’s negligence and meets the “threshold” under Ontario’s Insurance Act. If your injury causes permanent serious impairment or disfigurement, consult experienced personal injury lawyers to explore your rights and recover damages. Get More Information
- Do I need a lawyer for a car accident?
- Contact a personal injury lawyer as soon as possible after a car accident, especially if you've been injured. Avoid speaking with insurance companies before understanding your rights. Gluckstein Lawyers offer free consultations to assess your case, explain your options, and help secure the compensation you deserve. Get More Information
- What to do after a motor vehicle accident?
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When you or a loved one suffers a serious injury caused by a motor vehicle accident, the aftermath can be life-changing and overwhelming. You may face a lengthy recovery, daily pain, suffering, a complex insurance claim, and an inability to work or care for your family members, among many other unexpected challenges.
At Gluckstein Personal Injury Lawyers, our team is committed to your wellbeing. If you require support because you have sustained an injury from a motor vehicle accident, we are here for you. No question is too small. Contact our law firm today to speak with a personal injury lawyer about your car accident. We are here to listen.
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Motor Vehicle Accidents Testimonials.
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Karine P.B.
"To Derek and his Team at Gluckstein and Nicholson! I am writing this testimonial to express my most sincere gratitude for helping me through the most difficult time of my life. You and your team gave... -
Sandy H.
"I would highly recommend Gluckstein Lawyers. Charles and the team settled our vehicle accident case and I was very happy with the result. I appreciated how the process was not stressful at all. Some ... -
Tanya F.
"I wish Mr. Rastin and his team all the very best and am ever grateful for how well I was cared for and the compassionate, genuine and professional services that I was provided with. I will recommend ... -
Shirley M.
"Mr. Rastin listened very carefully to our concerns of the effect the injuries will have on our future. He also showed great compassion, something much appreciated when anxiety is all you feel." -
Nancy S.
"I knew I needed a lawyer but I had no idea where to begin or who to trust." -
Ning Bo
“The professional help we got from Charles Gluckstein and Jane Lou has brought us out of hopelessness."
Case Studies.
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Ms. G v. Pilot Insurance Co., 2008
This is a matter where Mr. G and Pilot insurance went to hearing, appeal or Judicial Review on 9 separate occasions. This is one of the earliest, and most important, cases on catastrophic impairment a...Get More Information -
Aviva Insurance Company of Canada v. Danay Suarez, 2021 ONSC 6200
Steve Rastin successfully intervened on behalf of the Ontario Trial Lawyers Association to the Ontario Divisional Court in this case to prevent a leading automobile insurer from preventing access to b...Get More Information -
Tomec v. Economical Mutual Insurance Company, 2019
Steve Rastin successfully intervened on behalf of the Ontario Trial Lawyers Association in this Ontario Court of Appeal case where the principle that Insurance Litigation is consumer protection litiga...Get More Information -
Soullière v. Robitaille, 2014 ONSC 851
Derek Nicholson won over $9 million in this court decision for clients that were catastrophically injured in a motor vehicle accident.Get More Information -
Largest MVA Settlement in 2013
In January 2013, Derek Nicholson secured the largest settlement in Canadian History at the time. Mr. Nicholson won over $15 million in this court decision for clients that were catastrophically injure...Get More Information -
Younis v. State Farm Mutual Automobile Insurance Company, 2012
Joint cases that were argued before the Ontario Court of Appeal considering the “60 day rule” for required mediations under the Statutory Accident Benefits Schedule. This was a leading case that promp...Get More Information
Motor Vehicle Accidents Legal Team.
Blog & News.
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Summer Roadtrips and Auto Insurance
Summer is the perfect time to plan getaways, road trips, or visits to friends and family across Canada and beyond. If you are considering exploring neighboring Canadian provinces or heading to a U.S. ...Read Full Story -
Why Agreeing to an Early Settlement Can Be Costly
The moments immediately after a motor vehicle accident can be chaotic and confusing, even if the collision is minor. This is particularly true if you sustained injuries. A motor vehicle accident is an...Read Full Story -
Experience the Gluckstein Lawyers Difference
At Gluckstein Lawyers, we have proudly served the people of Ontario for over 60 years, dedicating ourselves to providing exceptional legal representation to those who have been seriously injured. Our ...Read Full Story -
Common Types of Cross-Border Injuries
The Canada-United States border is the longest international border in the world with more than 100 land crossings spanning almost 9,000 kilometres.Global Affairs Canada reports that an estimated 400,...Read Full Story -
Snowmobiling Can Be Fun But Be Aware of the Dangers
We live in a country of four seasons and even in winter, when temperatures are biting cold and the snow is flying, Canadians look for ways to enjoy the great outdoors. There are many winter activities...Read Full Story -
Ontario’s Most Dangerous Cities to Drive In
Automobile accidents occur every day in Ontario. And if you are injured due to someone else's actions, you need to see a personal injury lawyer. But what are the most dangerous places in Ontario for d...Read Full Story
Podcasts & Videos.
Guides & Papers.
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Guide
Effectively Navigating Injuries and Disabilities: What Benefits are Available to Employees who have been victims of a Motor Vehicle Accident?
What happens when an injured employee approaches you for advice on how to proceed with benefits? How does the person decide whether to proceed by way of tort claim and accident benefits and/or long te...Continue Reading -
Guide
The Employment Factor: How Motor Vehicle Accident Damages are Influenced and Impacted by Employment Benefits
The fundamental goal of the tort law system is to ensure that a plaintiff be restored to the position s/he would have been in absent the tortfeasor’s negligence.Continue Reading -
Guide
Proving Catastrophic Impairment Pursuant to the Statutory Accident Benefits Schedule: Key Considerations
With the introduction of the “catastrophic impairment” under Bill 59 and Bill 198, further common acronyms for consideration are CAT (short form for catastrophic), CAT DAC (catastrophic determination ...Continue Reading -
Guide
In Search of Deep Pockets: Suing the Broker: Broker’s Negligence from a Plaintiff’s Perspective
Given the changes made to the insurance scheme in Ontario in 2016 and the resulting vast reduction in damages available to be recovered from an insurer, the nature of the practice of insurance law has...Continue Reading
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