What should I do if I get involved in an motor vehicle accident?
Being involved in an accident can be scary. You may feel shocked and not realize your responsibilities. In order to effectively commence a claim for accident benefits, you should report your accident to the police within 24 hours if possible, and inform your insurer that you have been injured in an accident within 7 days of your accident.
Try to obtain details of the parties involved in the accident including their name, address, phone number and insurance policy. If any witnesses are present, get their details too.
More importantly, make sure that you are seen by a doctor, either at a hospital a walk-in-clinic, or by your family physician.
All of this information can sometimes be crucial in establishing your claim.
When should I see a lawyer?
Strict timelines may apply for you to commence a claim. A failure to comply with these limits may be damaging or prejudicial to your case, and in some circumstances may bar you from brining any action. Therefore, we recommend that you seek legal advice immediately following your injury.
At Mazin Rooz Mazin, our lawyers will be able to accurately advise you on the steps to take and how to proceed with your claim for accident benefits or how to commence a claim against the party at fault.
Do I have to pay any fees up front?
No, we never require any of our legal fees to be paid up front. At Mazin Rooz Mazin we understand the negative impact an injury can have on your life and the various financial stresses you may face. Mazin Rooz Mazin puts its client’s needs first. We will fight for your rights and when you get paid is when we will get paid. Occasionally however, we may require a small retainer to cover our disbursements.
Am I entitled to monetary compensation or benefits even if my injuries are my own fault?
In Ontario, even if you are involved in a motor vehicle accident in which you are entirely at fault, you may still be entitled to receive accident benefits. This system is known as “no fault insurance”. In addition, you may receive a lump sum of money at the conclusion of your case in the form of a settlement.
What can I claim if my injuries are a result of a Slip & Fall?
If your injury is a result of a slip and fall, you may be entitled to claim compensation for pain and suffering known as damages, from the party or parties who may have been negligent in fulfilling the duty of care that they may have owed you.
What if I don’t have insurance?
In Ontario, if you do not have insurance coverage and you are involved in a motor vehicle accident, the rules of priority would allow you to obtain coverage through your next of kin, spouse or parent’s automobile insurance. If you do not have access to either of these, it is likely that your claim will proceed through the insurance company for the other vehicle involved in your accident. Should neither of these options be available to you (for example, if you were a victim of a pedestrian hit and run accident) your claim will likely proceed through the Motor Vehicle Accident Claims Fund of Ontario, where you may be entitled to compensation similar to that which you would have been entitled to from an insurance company.
What benefits can I claim from my insurer if I am injured in a motor vehicle accident?
If you are injured in a motor vehicle accident you may experience difficulties performing your everyday activities, work, housekeeping, child care and personal care. In such situations, you may be entitled to the following benefits from your insurer:
• Medical and Rehabilitation benefit. This benefit is designed to allow you to receive treatment such as chiropractic, massage, acupuncture and other modalities, which ought to rehabilitate you from your injuries.
• Attendant care benefit. You injuries may leave you incapable of taking care of yourself. This benefit is designed to allow you to seek help from another person to take care of your personal needs, such as personal hygiene, bathing, dressing and feeding. If you or your doctor feels that you require this help, you may be entitled to this benefit
• Housekeeping assistance. Your injuries may prevent you from carrying out your activities of normal living, including cleaning your home, preparing food, doing the laundry and grocery etc. Should your situation be as such, you are entitled to claim housekeeping assistance for a maximum of $100.00 per week. The assistance you decide to hire to help you with these activities is entirely your choice, and can even be your own family members.
• Caregiver Benefits. You injuries may prevent you from taking care of a person in need of care with whom you reside. This benefit is designed to allow you to seek help from another person to provide the care to the person in need of care. You may be entitled to this benefit to a maximum of $250.00 for the first person and $50.00 for each additional person, per week.
Please note that you may qualify for both Caregiver Benefits and Income Replacement Benefits (discussed below). However, the law only allows you to claim one benefit, either Caregiver or Income Replacement Benefits. If you are entitled to both, it is important that you discuss your options with a lawyer, who will be able to advise you as to which option is better suited in your circumstances.
• Income Replacement Benefits (IRB). This benefit is designed to replace any loss of income you may suffer as result of the accident.
You may receive this benefit if you meet the following criteria:
• You were employed and working at the time of the accident;
• You were not employment at the time of the accident and had worked at least 26 weeks in the 52 weeks prior to your accident, or were receiving benefits from Employment Insurance (EI);
• You were 16 years of age or more or were excused from attendance at school under the Education Act at the time of the accident; or
• Were not employed at the time of the accident but were entitled at the time of the accident to start work within one year under a legitimate contract of employment that was made before the accident and that is evidenced in writing, and
If one of the above criteria applies to you, you must also satisfy that as a result of the accident,
you are substantially unable to carry out the activities of your pre-accident or future employment (if you were entitled to begin work under a legitimate contract of employment).
Your insurer may request that you provide them with a doctor’s disability certificate indicating that that you are unable to work.
Please note that you may qualify for both IRBs and Caregiver Benefits (discussed above). However, the law only allows you to claim one benefit, either Caregiver or IRBs. If you are entitled to both, it is important that you discuss your options with a lawyer, who will be able to advise you as to which option is better suited in your circumstances.
How do I make a claim for benefits?
Commencing your claim against your insurer can be frustrating. At Mazin Rooz Mazin we will take care of all the paper work so you don’t have to. As your lawyers, we will have the direct authority to communicate with your insurer.
