personal injury lawyer ajax

What to do if you are a passenger in a car accident

If you’re injured as a passenger in a car involved in an accident, you have the right to claim for injuries and damages, no matter who was at fault. As a passenger, you’re not the one who was responsible for the incident, although if you weren’t wearing a seatbelt you risk being found partially responsible.

Making insurance claims for passengers involved in a car accident


According to Ontario law, injured passengers involved in a motor vehicle accident can claim Accident Benefits, such as medical and rehabilitation expenses and income replacement benefits, from the driver’s automobile insurance company. These benefits are governed by the Ontario Statutory Accident Benefits Schedule. However, the maximum amount of benefits they’re entitled to may not be sufficient to compensate them for their injuries.

Miskin Law is your personal injury lawyer in Ajax, Whitby, and Peterborough and we will ensure that passengers get the maximum compensation they’re entitled to and inform them of the other options available.

Can you sue if you were a passenger involved in a car accident?

If accident benefits don’t provide enough compensation, passengers can and should seek additional compensation by suing the driver who was at fault for the accident. This may be the driver of the passenger’s car, the driver or drivers of other cars, or all of them.

A passenger may be reluctant to sue the driver of the car they were in, especially if they’re a friend, family member or spouse. However, they should keep in mind that the driver’s insurance company is almost always responsible for defending against the claim. This means that the friend or family member will not be the one paying. In most cases, they also won’t have to pay a deductible, cover the legal fees incurred during the process, or need to make extra payments to their insurance company.

Miskin Law: personal injury lawyers serving Ajax, Oshawa, Whitby and Peterborough


If you’ve been involved in a car accident as a passenger and are looking for a personal injury law firm to represent you, look no further than Miskin Law. We represent clients in the Peterborough area, and Oshawa, Ajax and Whitby for personal injury claims like motor vehicle accidents and slip and fall cases. Call us today to schedule a free consultation with one of our personal injury lawyers.

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