You’re out for a Sunday drive on a beautiful day. You’re stopped at a red light and when it turns green you proceed into the intersection.
At that point, another vehicle slams directly into your driver’s side door. The seatbelt locks but the driver’s door is pushed in, and you feel piercing pain because your left arm and elbow are shattered. The driver of the other vehicle just ran a red light.
What do you do now? Do you know what your rights are?
Thomas Orendorff is a personal injury lawyer and founder of Orendorff and Associates in Sudbury.
Orendorff said, “Many people assume that at the very least they will be fairly compensated for their injuries caused by the other driver. But in Ontario, that is not necessarily the case.”
Ontario is a no-fault province
Since 1990, Ontario has essentially had a no-fault insurance system.That means when someone is injured in an automobile collision, they can access compensation known as Statutory Accident Benefits from their own insurance company.
To access these benefits, the injured person must provide a written application to their own insurance company within 7 days. The amount of paperwork required can be daunting. There is potential coverage for income replacement benefits, medical and rehabilitation expenses, and attendant care if needed.
Orendorff said, “All of these benefits are subject to certain restrictions and requirements and the bill must be approved by the insurance company before the injured party will receive payments.
There is NO compensation from your own insurance company for pain and suffering.” The other driver, even if they’re at-fault, will qualify for the same statutory accident benefits in most instances.
Can you sue for pain and suffering?
You can possibly sue for pain and suffering, but only if you meet a certain injury threshold.
To be successful in a lawsuit for pain and suffering your injuries must exceed a serious and permanent threshold, such as a severe brain, spinal cord, or psychological injury. Someone who has sustained such a catastrophic impairment may need around-the-clock care.
Another obstacle to overcome
If you meet that threshold, there is another hurdle to jump.
There is a mandatory deductible if your damages for pain and suffering do not exceed a certain amount. In 2022, if damages for pain and suffering are assessed at $138,343.86 or less, there is a mandatory deductible of $41,503.50.
You could be left with nothing
If your pain and suffering is assessed at $100,000, you will only receive $58,496.50. If your damages are assessed at $40,000, after the deductible is taken by the insurance company, the injured party receives “nothing”.
If your case is assessed by a jury, the jury will not be told about the deductible. After the damages are assessed, the judge will impose the deductible.
Get the advice of a lawyer
Following an accident, the insurance process in Ontario is complicated and in many instances that process will deny an injured party their right to any compensation.
The assistance and guidance of an experienced personal injury lawyer is extremely important because they will protect the rights of an injured victim and ensure that they receive compensation.
Contact Thomas Orendorff at (705) 673-1200 or (866) 673-1201 or visit them online here.