What You Need to Know If You’ve Been Injured in a Car Accident

Being in a car accident can be overwhelming, especially if you’re injured in the process. After you have obtained emergency assistance and reported the accident to your insurer, you will want to know whether you’re entitled to compensation for your injuries. You may also want to know what you can do to help with the success of your claim. At Miskin Law, car accident lawyers in Peterborough and Whitby, we can provide you with a free initial consultation.

Two Types of Compensation

If you were injured in a motor vehicle accident, you may be eligible to bring two types of claims. One claim is for Accident Benefits through your own auto insurance company. The other is a tort claim against the other driver based on fault, which your car accident lawyer will file for you. 


Accident Benefits

Accident Benefits are available through your own insurance company, regardless of who is at fault for your accident. Generally, Accident Benefits, such as medical and rehabilitation benefits, are available up to a limit of $65,000, as set out in the Statutory Accident Benefits Schedule (SABS) to the Insurance Act. However, additional Accident Benefits are available to those who have paid an additional premium or whose injuries are sufficiently serious.

Medical and rehabilitation benefits are available for treatment that assists in your recovery, such as physiotherapy, medication, or surgery. Confirmation of your temporary disability is required by your medical practitioner. Medical and rehabilitation benefits can start right away, but sometimes your insurer will not pay all that you are eligible for. If you need help with your insurer, a lawyer at our Whitby and Peterborough law firm can represent you, including at the Licence Appeal Tribunal, which hears all Accident Benefit disputes.

Another type of Accident Benefit, income replacement benefits, may be payable to you for up to 104 weeks if you are unable to work for a period after the accident. After a one week waiting period, the basic coverage is either the lesser of $400 per week or 70% of your net income. Confirmation of your income is required from your employer to qualify for this benefit. If you are not employed when the accident occurs, non-earner benefits may be available in the amount of $185 per week for up to 2 years if you are unable to carry on your normal pre-accident activities of daily living.
You may also be eligible for caregiver benefits if you are a caregiver for another person before the accident and due to the accident you need to hire help.

Tort Claim

If the driver of the other car is at least partially at fault for the accident and your injuries are sufficiently serious, you are also entitled to bring a claim against the driver of the other car. This is called a tort claim. Such a claim may seek compensation for various types of damages, including pain and suffering, lost wages, the cost of future care, out of pocket expenses, etc. 


What Makes a Claim Successful?

Five things have to be proven to make out a successful tort claim: 


• there was a duty of care (i.e., the other party was responsible to look out for your safety)
• that duty of care was breached
• the breach was the direct cause of the injury
• the injury resulted in damages

You can help in providing evidence for your claim. Write down what happened in the accident, as your memory may fade over time. Take photos of the accident scene or ask a friend or relative to do so. Also take photos of your injuries, both at the time of the accident and months later as you heal.

Why Do You Need a Lawyer? 

It is important to consult a lawyer when seeking compensation for your accident, as the process can quickly become complex. A lawyer can assess whether you are entitled to Accident Benefits, what types, how to obtain them, and how to dispute a denial of benefits by the insurer. You will have an advocate serving your legal interests with your own insurance company.


A lawyer can also help you assess whether or not you are at fault for the accident and whether your injuries are sufficiently serious to bring a tort claim. If so, your lawyer will work to identify the other party (if that information is unknown), send a notice of intention to file a claim, serve and file a Statement of Claim in court, and prepare all other documents needed. Your lawyer may also arrange for an examination by a skilled medical expert to have your injuries documented in a report for your case. About 98 percent of personal injury cases settle out of court, but your file needs to be prepared for court in case the matter proceeds to trial.

Speak With Miskin Law Professional Corporation, Car Accident Lawyers in Peterborough and Whitby

At Miskin Law we can help you successfully negotiate your claim with the insurer. We have extensive experience and have access to recent cases that are determined in court. We can estimate how much your claim may be worth and advise you when a reasonable offer to settle is provided. Contact us for your free personal injury consultation at 1-877-428-8000.

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