Author: Alon

The Different Types of Product Liability Claims

Do you know thousands of people every year get injured due to defective products? Possibly, you’ve also bought several products with the expectation that they will perform as advertised. But you face disappointment later and at times even worse happen- you or someone you love gets injured due to that product. Sometimes a sunscreen may cause skin burns or a new vehicle may have defective airbags.  When people get injured or suffer other damages because of a product they wonder if there is any recourse.

In the Canadian legal system, if you are injured by a defective product then you have a right to sue the manufacturer for compensation. This is known as product liability claims. The product liability claim can be made against the designer, manufacturer, wholesaler, distributor, importer, or retailer- whoever in the chain of distribution is liable for injury caused by a defective product.

Products containing inherent defects that can cause harm to the consumer are subject to a product liability claim. However, to receive compensation the plaintiff must prove that the product is defective. To prove this you will need to consult an experienced personal injury lawyer . But before you file your lawsuit, it’s best to first understand what types of product liability claims you can file suit for. There are a few different ways to prove that the product in question caused the damage or injury. There are three main ways that product liability claims can be approached:

  1. Design Defects
  2. Manufacturing Defects
  3. Marketing Defects

 

Design Defects

A product is first designed and then manufactured and marketed. Sometimes, a product is poorly designed or not properly tested which results in producing a faulty and dangerous product. Design defect product liability claims are those where damage is caused due to the product’s flawed design. In this type of products liability claim, the error is not caused at the manufacturing stage. Here the design of the entire line of products was inherently defective. When the design of a product is defective it poses a threat to consumers. For instance, the airbags of a car model are not thick enough to absorb the impact of a collision. Or maybe, its steering doesn’t work when the car is put into reverse. These are design defects that can cause severe harm to customers.  In such cases, if you are involved in an accident and you sustained severe injuries, you will need to prove that the product is dangerous by design and that your injuries resulted from your use of this product.

Manufacturing Defect

Sometimes, product design is flawless but the error is made during the manufacturing process. When the manufacturer intentionally or unintentionally strays from the design it results in producing flawed products. This means that the product was properly designed but when these designs were assembled, an error was made. In such a case if a consumer suffers injury or any harm, he/she may file a claim against the manufacturer. In this type of product liability claim, the product that causes the injury differs slightly from all the identical products of its type that were being sold. Some manufacturing defects include using expired components, attaching parts incorrectly or faulty electric circuitry. For example, the bicycle you purchased had a cracked frame which injured you while riding it. This problem was in your bicycle and not in others because of the manufacturer’s negligence. Other examples of a manufacturing defect could be a defective batch of cough syrup or a car manufactured with defective tires.

To file a manufacturing defect product liability claim, you would need to prove that the injury has been caused by the manufacturing defect. It is noteworthy here that the manufacturer may not be accountable if the plaintiff altered the product which resulted in causing the injury. For instance, if you suffered an injury in a car accident due to a tire blowout, you would have to prove that the accident was caused because of defective tires and not due to your negligence.

Marketing Defects

When a company fails to provide proper warning about a product to their consumers, they may face a product liability lawsuit. Such product liability claims are known as product marketing defects or failure to warn. Here an error is made in the way a product is marketed to the public. When a product doesn’t provide enough warnings or instructions regarding how to use it with precaution, consumers may sustain an injury while using it. When the company prints proper directions of using a product, the consumers exercise extra caution while using it. However, when instructions and warning labels are absent, consumers may get harmed by the product and such claims fall into the category of marketing defects. Suppose, you fell ill because the energy drink you consumed reacted with your subsequent alcoholic drink. If an energy drink might cause harmful side effects when taken in combination with other alcoholic beverages, the company must mention this on the label. Similarly, you may file a failure-to-warn claim if a product is not safe for consumption by pregnant or lactating women.

The cases of failure to warn involve two basic components. The first one is insufficient instructions which might result in mishandling the product. The second type includes side effects of using a product such as medicines or beverages. In both cases, manufacturers have a responsibility to warn consumers about the dangerous characteristics of products. According to the legal guidelines, every company must clearly indicate the dangers involved in using their products. When a product doesn’t provide enough warnings or instructions and you sustain an injury due to this reason, you may file a case against the company.

Which Insurance Provider Must Respond

respond to claims

Many people are unfamiliar with the insurance set-up in the province of Ontario. One of the most significant sources of confusion is “which insurance provider must respond to claims after car accidents?” The simple answer here is that Ontario’s no-fault insurance system dictates that parties involved in accidents only have to deal with their insurance providers for claims, but not everyone has an insurer provider. Hence, the system is much more complicated than that. Read on for a more in-depth look at how Ontario’s insurance system works.

Ontario’s No-Fault Insurance System

Ontario is one of the Canadian provinces that have a no-fault insurance system in place. There is much confusion surrounding the concept of “no-fault insurance” because the term suggests that in accidents, fault is not assigned to any of the parties. However, this is far from how the system works.

Before the no-fault insurance system was put in place, the respective insurance providers of the parties involved first determine who is the party at fault. Once a decision has been made, the provider of the responsible party will pay out the claims of the injured parties. However, this process was arguably lengthy and costly. It also prevented many claimants from getting prompt medical and rehabilitation help.

In 1989, the no-fault insurance system was finally getting introduced in the province. In this system, your insurance provider answers to your claims, no matter who is the party determined to be at fault for the accident. As you no longer have to wait for the insurance companies involved to decide who the party to be held responsible is, filing your claims and receiving the compensation you are entitled has become a simpler and quicker process, at least in principle.

However, note that a degree of fault will still be assigned to each driver who was involved in the accident. The insurance providers of the parties involved use the Fault Determination Rules set by Ontario’s Insurance Act to assign a percentage (ranging from zero to 100) of fault to each driver. This means that drivers can be wholly or partially at fault in an accident, or have no fault at all.

four mandatory coverage

What the Standard Insurance Package Covers

There are four insurance coverages that the government of Ontario deems as mandatory in a standard insurance package:

  • Statutory accident benefits coverage – This mandatory coverage is what covers the benefits you are entitled to receive when you are injured in a motor vehicle accident, regardless of who is determined to be the driver responsible. This coverage includes rehabilitative and medical care, income replacement and non-earner benefits, and some optional benefits, if the coverage was purchased, such as caregiver or housekeeping expenses.
  • Third party liability coverage – If you are sued because of the death or injuries that someone else sustained or because of damages to their properties due to your negligence, this is the insurance coverage that protects you. It pays for the claims that result from the lawsuit against you and the cost of settling these claims. There are minimum amounts of liability coverages, but you can opt to increase this value. Note that while this protects you during lawsuits, this coverage will not stop your premium from rising if you were found to be at fault in an accident.
  • Uninsured automobile coverage – If you are involved in a hit-or-run accident, and there is no way of identifying the runner, you may benefit from the uninsured automobile coverage. This also protects you in instances where the other party is uninsured or underinsured.
  • Direct compensation — property damage coverage – If you are not the party at fault for an accident, then this coverage provides you with benefits to cover damages to your car and its contents and the loss of the use of your vehicle or its contents. This is called direct compensation because if someone else was at fault for the damages, you file your claim directly with your provider. Your insurer then turns to the at fault party’s insurance for compensation.

In certain situations, you may sue the at-fault driver for compensation for the damages to your vehicle or claim your benefits under other applicable coverages that you have opted into, if any.

no-fault insurance

The above coverages are mandatory in Ontario and are included in the standard insurance package. Unless you purchased additional coverages, the province’s standard no-fault insurance system will not cover you in the following:

  • Medical expenses that exceed your coverage – If your costs exceed the amount of your coverage, you may sue the other driver for compensation for the treatments you require for severe and permanent injuries that you sustained. However, this is only applicable if the accident occurred because of their negligence.
  • Damage to your vehicle – You may purchase collision coverage to help you pay for repairs if your car was damaged in a collision with another and their insurer is not required to pay your insurer.
  • Damage to another’s property – A property damage liability coverage can help you pay for damages that you may have caused on another person’s property.

If you have decided not to purchase additional coverages, you might have to pay for certain damages and expenses yourself.

sue the driver

Claims Against An At-Fault Driver

If you had to seek medical help immediately after the accident, collect all the receipts for money you spent out-of-pocket. As soon as you can, contact your insurance provider to begin the accident benefits claim process.

Although everyone who is involved in a car accident may claim compensation from their insurance providers regardless of fault, you may be entitled to additional compensation if you sustained injuries due to the negligence of another person by suing them for:

  • Pain and suffering
  • Medical and rehabilitation treatment
  • Housekeeping services
  • Loss of current or future income
  • Caregiving services

family members may sue

On the other hand, family members of the seriously injured party (or someone who lost their lives in an accident) may sue the at-fault driver for compensation for:

  • Loss of companionship
  • Loss of care
  • Loss of guidance

Family members may also sue for the economic value of services provided to their insured famliy member as well.

Uninsured Drivers And Vehicles

If you are involved in a car accident where none of the parties are covered by automobile insurance, you may still claim benefits for the injuries you sustained or compensation for the damages to your vehicle. You are eligible for compensation from the Motor Vehicle Accident Claims Fund if you You were involved in a collision within Ontario, and none of the parties had an applicable insurance coverage

Although the government has the funds in place to financially help uninsured motorists if they are involved in an accident, being an uninsured driver in Ontario has legal consequences. Failing to provide proof of insurance in Ontario can result in a fine of $5,000 (exclusive of tax) and repeat offender may have to spend some time in jail.

seek for assistance

In conclusion, Ontario’s no-fault insurance system makes the claim process much quicker because you only have to deal with your provider for compensation of certain benefits but by no means is the process simple or easy.In instances where your coverage is not enough, or if you qualify for pain and suffering compensation, you may have to sue the driver at fault for more compensation.If all parties in the accident are uninsured, the Motor Vehicle Accident Claims Fund may be of assistance.

If you have sustained serious and permanent injuries due to the negligence of another, you may need a personal injury lawyer. Rooz Law Personal Injury Lawyers in North York specializes in cases involving accident benefits, motor vehicle accidents, personal injury, and the like. To make an appointment with us, call (416) 229-6000.

Personal Injury Benefits: What Qualifies You for a Personal Injury Claim

You may be eligible for benefits after an accident

Ontario’s personal injury laws provide legal remedies to those who have been injured or died in an accident caused by someone else. As personal injury cases involve tort or civil law, the defendants are not imprisoned. Rather, the courts will award damages (money) for the victim to compensate them for their injuries.

Personal injury law does not only involve injuries sustained from motor vehicle accidents. It can also cover other physical and psychological harm, including:

  • Public liability claims
  • Occupier’s liability claims
  • Product liability claims
  • Public transportation and recreational facility claims

In these cases, damages are paid by the party found to be legally responsible by the court. This amount can be negotiated between the injured party and the insurance provider involved through a settlement agreement. If the parties fail to agree on the amount, the injured party can sue the at-fault party for compensation through the Court.

Types of Personal Injury Damages

Generally, those who suffer injuries at the fault of another are entitled to recover two different types of damages. These are known as general damages and special damages.

  • General damages are damages that do not involve money, such as compensation for pain and suffering. This type of claim aims to compensate for your intangible losses.
  • Special damages are also known as economic or pecuniary damages. This type of claim seeks to refund your out of pocket expenses in medical bills and compensate you for lost income as a result of the incident.

Claims based on pain and suffering have to meet a “threshold” to qualify for compensation

Pain and Suffering

One of the general damages you may be entitled to is compensation for the pain and suffering you endured or will continue to endure due to the actions (or inaction) of someone else. If your injuries came from a motor vehicle accident, some criteria must be met to qualify for a pain and suffering claim. These criteria are called the “threshold.” For a claim to pass the threshold, the injuries sustained must result in:

  • Permanent and severe disfigurement (e.g. losing a limb or significant scarring)
  • Permanent and severe damage to your physical, mental, or psychological function (e.g. becoming an amputee, brain damage, PTSD, and so forth.)
  • Death

If during the trial, the Court finds that your injuries do not meet the threshold, your claim may be denied. Pain and suffering claims can be filed on one’s behalf by a caregiver or survivor as well as by the person injured in the accident.

In 1978, the Canadian Supreme Court capped the amount that may be rewarded to you for pain and suffering. In 2019, that amount is somewhere around $340,000. In Andrews v. Grand & Toy Alberta Ltd., the Supreme Court reasons that the cap is necessary as damages for pain and suffering are not exactly compensatory as no amount of money could make up for the loss suffered.

However, qualifying for pain and suffering damages does not immediately mean that your bank account will balloon. If your claim meets the threshold, there is a deductible of almost $40,000in 2019 ($30,000 from previous legislation as indexed over time) from the amount that you would otherwise receive. This deductible does not apply if the amount you are awarded exceeds about $140,000 in 2019 ($100,000 indexed from prior legislation). For example, if you are awarded $210,000 for pain and suffering, you will be awarded the entire amount. If what is granted to you in 2019 is $70,000 for pain and suffering, you will only be entitled to approximately $30,000.

You can recover the cost of medical care for injuries sustained

Medical Treatment

Medical treatment almost always includes the amount expected to be shelled out for medical care related to the accident and reimbursement for out of pocket expenses for medical treatment that has already been received. You will also be compensated for the cost of necessary medical care you are expected to incur in the future as a result of the incident. One must meet the threshold requirements to get such compensation.

Housekeeping and Home Maintenance Services

You can be compensated for housekeeping services

If your injuries prevent you from performing housekeeping and home maintenance tasks, you will also be entitled to monetary compensation for the expenses that hiring professionals to take care of these will incur. Entitlement may be reduced for payments made for housekeeping by an Accident Benefits claim.

Loss of Current and Future Income

If the injuries you suffered have impacted your wages and salary, you will be compensated for this loss. A damage award for your future income is compensation for your “loss of earning capacity” and “earning potential”.

When claiming for loss of income, meeting the threshold is not a concern. While you can file for the income you have lost, this does not include the first seven days following the incident. Furthermore, you are only entitled to a portion of your net loss of income, minus accident benefits that you received for Income Replacement Benefits. Future income losses are calculated in full, unlike past losses.

Damage to Property

If any items or properties were damaged or lost due to the accident, you may claim for compensation for their repair or replacement. While your car insurance provider will usually take care of some such expenses related to the loss or damage of your vehicle, you have the option to recover the remaining amount in a lawsuit if they refuse.

Benefits Claimed by Family Members

Family members may file a claim on your behalf

The Family Law Act of Ontario allows the family members of the injured person to sue for financial losses related to the loss of guidance and companionship as a result of the injuries or death, and for the expenses incurred in the care of the injured. Under prior limits, unless the amount awarded exceeds $50,000, Family Law Act claims are subject to a $15,000 deductible. These amounts are indexed as well and keep moving up. However, if the accident results in death, the deductible amount will not apply.

Other types of damages that can be claimed under the Family Law Act include:

  • Actual expenses incurred
  • Funeral expenses incurred
  • A reasonable allowance for travel expenses incurred in visiting the person injured during their treatment or recovery
  • A reasonable allowance for travel expenses incurred in the necessary transportation of the injured person so they can be treated
  • A reasonable allowance for the loss of income or the value of services if, as a result of the injury, the claimant is providing housekeeping, care and nursing, or other services to the injured

People who can claim for damages based on the Family Law Act are the direct and close relatives of the injured:

  • Parents
  • Spouse
  • Children
  • Grandparents
  • Grandchildren
  • Siblings

Contributory Negligence

Not wearing your seatbelt is contributory negligence

If you’ve been injured in an accident, even if you are the at-fault driver, seek the advice of an experienced personal injury lawyer. “At fault” is a legal question that can be adequately answered by a lawyer. In some cases, your lawyer might be able to argue that you are only partly at fault for the incident. This is a concept known as contributory negligence. Depending on the severity of your injuries and how much you lost, you may still be entitled to a considerable amount of money, even though your total award will be reduced by your percentage at fault.

To reach a competent personal injury lawyer in North York, call Rooz Law Personal Injury Lawyers at (416) 229-6000 and book a free consultation. We work closely with medical professionals to help build a strong case so that you can get the compensation you deserve.

How the Distracted Driving Law Affects You

focus all your attention on driving

The best way to stay safe while behind the wheel is to give driving your full attention. When you drive, you must be able to keep your eyes on the road at all times while still managing to glance at your side- and rearview mirrors every now and again. Fast reflexes are also an advantage as, when there is an emergency, a driver must be able to react quickly and make critical decisions in a snap.

This said, it is no wonder that multitasking while operating a motor vehicle can pose hazards to yourself and others on the road. According to the Ontario provincial police, distracted drivers are behind more vehicular accidents than any other factors. To address this concern, the government of Ontario updates the province’s distracted driving law.

Using phone while driving punishable by law

Acts Considered Distracted Driving

The distracted driving laws in Ontario apply to using handheld communication or entertainment devices while operating a motor vehicle. This means that while you are driving, the law requires that you refrain from:

  • Using your phone to dial a number or text (except when calling 911 in an emergency)
  • Using a portable gaming console or tablet
  • View display screens that distract or are unrelated to driving, such as watching videos

use a GPS mounted dashboard.

Unless calling the police, fire department, or emergency medical services, you are not allowed to use handheld devices even when stopped at a red light. If you must use these gadgets, pull off the roadway or properly park your vehicle. There are, however, certain instances when you can use your smartphone or other handheld devices even as a driver, such as:

  • A mobile phone with an earpiece, headset, or a Bluetooth device that uses voice-activated dialling can only be used to activate or deactivate the hands-free function. Texting, dialling, or scrolling through your contacts list is not permitted.
  • A portable media player plugged into your car’s sound system must be activated (choosing the playlist or audio) before you begin driving.
  • A GPS screen can only be used if the device is mounted on the dashboard or windshield. You must input the information needed before driving.
  • Display screens that are built into the vehicle and perform safety functions are allowed.

Ontario updated distracted driving laws effective January 01, 2019

Updated Distracted Driving Law

As of January 2019, the acts considered prohibited under Ontario’s distracted driving law has been updated to include eating, drinking, holding a mobile phone, grooming, reading, changing the playlist, and typing destinations into a GPS device or looking at a map. There have also been cases where drivers looking at their smartwatch or wearing earphones were convicted for distracted driving.

If found guilty of breaking Ontario’s distracted driving law, the penalties you may face would depend on the kind of licence you have and how experienced you are as a driver. Individuals who hold A, B, C, D, E, F, G, or M licences face more severe penalties when convicted:

  • First conviction
    • A fine of $615, if settled out of court
    • A fine of up to $1000, if the ticket is contested in court (and you lose) or if a summons is received
    • A 3-day suspension of your licence
    • Three demerit points
  • Second conviction
    • A $615 fine, if settled out of court
    • A fine of up to $2000, if you contest the ticket in court (and lose) or if a summons is received
    • A one-week suspension of your licence
    • Six demerit points
  • Further convictions
    • A fine of $615, if settled out of court
    • A fine of up to $3000, if you contest the ticket (and lose) or if a summons is received
    • A 30-day suspension of your licence
    • Six demerit points

New drivers (G1, G2, M1, or M2 licence) who are caught breaking the distracted driving law will receive demerit points, but they will face longer suspensions:

  • A 30-day suspension of your driver’s licence for a first conviction
  • A 90-day suspension of driver’s licence for a second conviction
  • Cancellation of licence and removal from the Graduated Licensing System (GLS) for a third conviction.

When you’re caught breaking the law, the police will not seize your driver’s licence at the roadside. A judge’s approval must first be given before any driver’s licence can be suspended.

Careless dangerous driving are criminal offences

Careless Driving

In addition to sanctions for acts contravening the new distracted driving law, authorities may also charge you for careless driving. This happens when you endanger other people due to any distraction, including those caused by handheld and hands-free devices.

If convicted of careless driving, you may receive the following:

  • $2000 in fines
  • A jail term of six months
  • A two-year suspension of your driver’s licence
  • Six demerit points.

Depending on how hazardous the acts performed may have been, you may also be charged with dangerous driving. This is a criminal offence that carries stiffer penalties, including jail time of up to ten years (if you cause someone to sustain bodily harm) or up to 14 years (if the incident resulted in death).

Tips for Preventing Distracted Driving

  • Wake up early – One reason why some drivers multitask is that their schedules are jam-packed. They eat their breakfast or fix their appearance in the car to avoid becoming late to work or their appointments. Set your alarm a few minutes earlier than the usual time you wake up to give yourself ample time to grab some food or groom yourself before you leave the house.
  • Use your smartphone’s safety features – Some smartphones have features like Do Not Disturb While Driving so that the notifications you receive while in the car will be limited. Some phones will allow calls to come through if your phone is connected to your vehicle’s Bluetooth system or a hands-free accessory.
  • Know where you’re going before you start driving – Before you pull off from your parking lot, program your GPS device. Try to familiarize the route before you leave to decrease your dependence on the device and lessen the need to glance at the GPS’s screen.
  • Choose the perfect playlist while parked – Some drivers like having background music while they drive to keep them focused or awake. Choose your playlist before you begin driving, as you will no longer be able to switch playlists once you start — although you may be able to change songs if your car has controls on the wheel. Newer models are more likely to have this feature.
  • If you must use your device, pull over safely – If you need to use your phone or other devices, pull over when you can do so safely. Be careful to do so only when it is appropriate (for example, swerving in the middle of a busy highway is a bad idea).

Keep calm when pulled over

What To Do When Pulled Over By The Police

When you are pulled over by a law enforcer, try to stay calm. Cooperate with the officer and be careful not to do anything that they may perceive as threatening. When the police flag you, do the following:

  • Safely pull over as soon as the officer signals you
  • Show the police your driver’s licence, vehicle permit, and proof of car insurance
  • Cooperate with their instructions

Before the officer writes you a ticket, they will inform you of your violation. Signing the ticket is not an indication of guilt; it is the acknowledgment of your receipt of the ticket.

If you think that you have not committed any violation worthy of a traffic ticket or if you were charged with more serious offences, you may need legal help. Immediately call a lawyer for advice on what your next step should be.

If you have been involved in vehicular trouble, get in touch with Rooz Law Personal Injury Lawyers in North York. You can make an appointment by calling us at (416) 229-6000.

Defensive Driving: Stay Safe and Avoid Penalties

Defensive-driving-helps-you-keep-safe-while-on-the-road

Driving is an essential skill that helps make life a little more convenient. Being able to drive means you wouldn’t have to depend on other people or on public transportation to go from Point A to Point B.

For many, driving is a rite of passage that signals maturity and entry into adulthood. Many parents worry about their teenagers getting behind the wheel. Learning and following the principles of defensive drivers will not only help ease the minds of anxious parents, but it will also keep you safe while on the road.

Avoid-multitasking-and-focus-on-driving

Defensive Driving

Defensive driving is using safe driving strategies that allow the motorist to identify and address possible dangers predictably, and creating a margin of error to allow for other drivers’ mistakes. Here are some fundamental principles and helpful hints for keeping safe and driving defensively:

Drive-within-speed-limit-avoid-penalties-accidents

  • Drive within the speed limit – You may be tempted to step on the gas, especially when the roads are empty. Even without other drivers sharing the space, driving above the speed limit is not only dangerous but can get you in trouble with the law. Always keep an eye on your speedometer and maintain a safe speed.
  • Avoid distractions – Distracted driving can account for many accidents that happen on the road. To address this issue, Ontario has updated distracted driving laws of the province, providing heftier sanctions and fines for drivers who fail to follow the new law. Avoid distractions while driving by keeping your smartphone on silent. If your car is of a newer model, take advantage of its Bluetooth feature so you can answer calls hands-free. However, only accept or make calls that are of utmost importance. It is still in the best interest of you, your passengers, and other people on the road that drivers give driving their full attention.
  • Leave some room between you and the car in front of you – Drivers are advised to keep a safe distance between them and the car in front of them. Many experts recommend the “three-second rule” to help estimate a safe distance: Find a stationary object on the side of the road. When the car in front of you passes it, start counting. At least three seconds should pass before you overtake the object.
  • Watch out for other drivers – When driving, it is safer to assume that everyone else is a potentially dangerous driver. This means that you must be prepared for sudden lane changes, stops, swerving, tailgating, unsignaled turns, and other undesirable driving behaviours. This is another reason why it is important to keep alert when driving and why having quick reflexes is an advantage.
  • Be extra alert in bad weather – When driving through fog, snow, a storm, heavy rains, or on icy roads, it pays to pay extra attention. If you’re driving through a weather condition that you’re not used to, delegate the task to a more experienced driver. Should weather conditions worsen, pull over as soon as it is safe (or don’t go out at all) and wait until the conditions improve.

Keep-your-vehicle-in-good-shape-to-avoid-mishaps

  • Maintain your vehicle – Keeping your vehicle in optimum condition doesn’t only extend your car’s life; it is also a reasonable safety precaution. A qualified mechanic can tell you if your car has any safety issues that may need to be addressed and suggest ways on how to fix these. Some of the most common maintenance issues that lead to motor vehicle accidents include incorrect tire pressure and malfunctioning breaks.
  • Find a designated driver – Being under the influence of alcohol and drugs — even at low levels — can significantly reduce inhibitions, reaction time, reflexes, and ability to make critical decisions. When out drinking, agree with your buddies on who will be the designated driver. That person must stay completely sober and make sure everyone gets home safely at the end of the night.
  • Be aware of your medications – You can still be charged with DUI when on a prescription drug if it impairs your ability to operate your vehicle safely. Review all the possible side effects of new medications. If these include drowsiness, hallucinations, or other conditions that might compromise your ability to get behind the wheel, make alternate transportation arrangements until you know whether or not you suffer from those side effects.

Being-a-defensive-driver-is-a-safety-precaution

Benefits of Defensive Driving

Drivers who drive defensively improve their driving skills and reduce risks by being able to anticipate situations and make well-informed decisions based on road conditions and environmental factors. Other reasons to learn defensive driving strategies include:

  • It is safer

Safety is one of the most compelling reasons why people choose to be defensive drivers. While you can’t be completely safe on the road, defensive driving tactics make it easier for you to avoid situations that may lead to injuries, loss of life, or property or vehicle damage.

  • Fewer tickets and citations

As a defensive driver, you are less likely to be penalized for traffic violations, as driving defensively includes being conscious of traffic laws and being careful not to break any of them.

  • Helps you qualify for car insurance

Having car insurance is mandatory for driving in Ontario. Safe drivers generally have little or no record that will cause them to be dropped by their auto insurance companies. A clean driving abstract may also prevent your insurance premiums from skyrocketing. As Ontario has some of the most expensive auto insurance rates in the country, reduced monthly premiums are unquestionably a welcome relief.

  • Keeps your car in good shape

Defensive driving is not only a safety measure; it is also good for the maintenance of your vehicle. Defensive drivers don’t find themselves needing to slam on their breaks and wearing their brake pads and tires quickly. If you are an aggressive driver, switch to this driving style and notice that your car will experience fewer issues.

Health-related-issues-senior-drivers

Driving Safety for Older People

Some of the minor irritants that we accumulate as we age can become impairments to safe driving. Being aware of ways that aging can affect the ability to drive safely will allow us to look out for these situations and pre-plan coping strategies for dealing with them when they arise.

Ways that Aging Affects Driving

  • Slower reflexes and reaction time
  • Reduced vision
  • Difficulties with hearing
  • Limited movement and range of motion
  • Problems focusing or processing what we see and hear

As a senior, several precautions can be taken to ensure you are healthy enough to drive. Report any vision changes, dizziness, fainting spells, or new pain to your doctor. Have your vision and hearing checked regularly. Avoid driving if you are experiencing any pain, as this can restrict movement and focus. Take a defensive driving course to refresh your skills and knowledge on safe driving practices, and to keep updated on new traffic laws.

lawyer assist involved accident

Unfortunately, no matter how safe a driver you are, your driving record will not be immaculate your whole life. At some point, you might meet an accident or violate a traffic rule. Should this happen, it is best that you are well-oriented on what steps you must take. Having a competent lawyer by your side would also be an advantage, especially if you plan to contest tickets issued to you.

If you need the assistance of an accident lawyer in North York, Rooz Law Personal Injury Lawyers is at your service. Call to book an appointment to consult with our team at (416) 229-6000.

FAQs: What to Know About Ontario’s Product Liability Laws

In 2016, the tech world was in a frenzy when a popular smartphone brand was under siege for selling defective phones. Units all around the world exploded or caught fire, causing injuries or property damage. Some airlines banned passengers from bringing the phone model onboard.

Canada has laws in place to protect you from these kinds of situations. Product liability laws see to it that products available on the market meet safety standards and the expectations of the consumers. To protect yourself from the dangers of product defects, it pays to be familiar with the basics of product liability laws. Here are some of the frequently asked questions in the field:

Q: What is product liability?

Product liability refers to when manufacturers, sellers, distributors, or another company is held responsible for a consumer’s defective purchase. Generally, Canadian law requires products to meet the ordinary expectations of the buyer. A product is considered defective when there are flaws in the design or manufacturing, or when the customer is given insufficient warning regarding potential dangers involved in the expected use of the product.

Product defect is when the product falls short of reasonable standards.

Q: How is “product defect” defined?

Tort liability arises from defects in any type of tangible personal properties. Product liability laws do not cover products that are non-tangible.

In the common law provinces of Canada (like Ontario), the complainant must prove that the product is defective. This is commonly defined as “a defective condition unreasonably dangerous to the user or consumer or to his property.” This means the product itself falls short of reasonable standards.

Generally, the product will be judged by the standard in place at the time the product entered the marketplace, not when the injury occurred.

Q: Who can be held responsible for product defects?

All parties involved in the distribution of the product are potentially liable for product liability claims if a plaintiff successfully proves negligence, including:

  • Manufacturers
  • Inspectors and certifiers
  • Importers, wholesalers, distributors, and retailers
  • Repairers and installers
  • Product owners

Q: Who qualifies for product liability claims?

The following conditions must be met to qualify for compensation for injuries acquired due to defects in products:

  • The cause of the injury must be a product as defined by the law
  • The injured party must show that the product was defective
  • The injured party must show that the defect was present at the time the product left the possession of the manufacturer, supplier, or retailer
  • The injured party must show that it was the defect in the product that caused the injury

Q: What kind of defects can make someone liable

There are three primary types of defects that may cause manufacturer or supplier liability:

  • Defects in Manufacturing
    This happens during the manufacturing process of the product and includes any mistake on the part of the manufacturer, ranging from faulty materials to food contamination.
  • Defects in Design
    This occurs when the product flaw originates before manufacturing. These flaws happen during the planning process, such as a flawed design or faulty structure.
  • Defects in Marketing
    These are defects that arise from the marketing of the products. This includes mislabelling, failure to warn consumers of all foreseeable injuries that the product may cause, and the lack of instructions on the proper handling of the product.

Q: On what legal basis can product liability claims be made?

The defendant of a product liability claim may answer to the other party on the basis of either contract law or tort law. If there is a contractual relationship between the manufacturer and the customer, liability is typically founded on the principles of contract law, but in some cases, liability in tort law may also exist.

Seeking compensation for damages or injuries due to defective or dangerous products under tort law requires a claim of negligence. The complainant must establish the following to prove negligence:

  • The defendant owed a duty of care to the plaintiff with respect to the product
  • The product was defective or unreasonably dangerous
  • The defect caused or contributed to the plaintiff’s damages
  • The plaintiff’s damages were reasonably foreseeable

The burden of proof in tort cases typically lies with the plaintiff.

Q: On whom does the burden of proof lie?

In tort law, the burden of proof lies on the claimant. It is up to them to establish that the product was indeed defective and that the defect caused or contributed to their injuries or loss. Causation is generally tested by showing that the loss or injury would not have occurred if the defendant exercised reasonable care.

The courts will not automatically relieve defendants from liability in case other factors played a role in causing the complainant’s injuries. If there are numerous potential causes of the loss or injury, causation will be established by the complainant’s ability to prove that the negligence of the defendant played a material role in causing or contributing to it. In “failure to warn” cases, the burden of the complainant is to prove that, had there been sufficient warning, the product would have been handled as prescribed.

Q: What evidence can be presented to support claims in product liability cases?

Typically, the courts will decide liability on evidence alone. In instances where direct evidence of negligence is not available, however, the court may take circumstantial evidence into consideration to establish a prima facie case of negligence.

Doctors and engineers may be considered expert witnesses.

Q: Can the parties rely on expert witnesses to support their claims?

The court typically accepts expert evidence in the form of written reports and testimonies during a trial during product liability cases. This makes the instruction and selection of experts, and their reports, critical elements during product liability litigation.

According to the Supreme Court, expert evidence must meet the following to be admitted:

  • Relevant
  • Necessary to assist the trier of fact
  • Not barred by an exclusionary rule
  • Given by a duly qualified expert

In situations where the scientific method involved in the expert’s opinion is unorthodox, the party advancing such has to prove that the science is reliable.

Civil liability may not rise to the level of criminal liability.

Q: Can a defendant be held criminally liable for defective products?

While there are no provisions in the Canadian Criminal Code specifically related to supplying defective products, there are extraordinary circumstances that hold a supplier criminally liable for fraud or criminal negligence. Other offences found in the Criminal Code that can apply in product liability cases include the Hazardous Products Act, Food and Drugs Act, and the Consumer Packaging and Labelling Act.

If one believes that the manufacturers and distributors must be held criminally liable, there must be a separate and independent criminal prosecution. If the defendants were found liable in the context of civil law, it does not mean that they are also criminally liable.

Q: Is there a need for court approval for settlement of product liability cases?

Except in cases where the plaintiff is under a legal disability (such as being a minor), court approval is not needed to settle private legal actions.

Settling class action suits, on the other hand, requires court approval. A notice of a settlement agreement and a date of the hearing for the motion of court approval must be posted. Class members who want to object to the terms of the settlement agreement may attend the hearing and object to its approval.

Q: Can liability be mitigated or excluded?

In some cases, manufacturers and suppliers can contractually limit or exclude liability for defective products. This is commonly done through sales contracts that explicitly stipulate and set the extent of the seller’s obligations.

Q: Do Canadian courts have jurisdiction over non-Canadian companies?

Canadian courts may assume jurisdiction over the manufacturer and other parties involved in the distribution chain even if the defending party is not incorporated (or does not conduct their business) in Canada. Generally, the courts agree that when manufacturers release their products to the public, the court of all territories where the supplier or manufacturer should have reasonably foreseen that their product will be used, purchased, or consumed may assume jurisdiction over a claim.

Q: How long does a claimant have to file a complaint?

The statute of limitations of claiming product liability is within two years from the date on which the claim is discovered. This is usually defined as the date on which the product causes the injury. This period may be extended in certain circumstances such as when the claimant is not aware of, and could not have reasonably discovered, the damages suffered.

A personal injury lawyer can help make processing claims smoother.

To make filing claims for injuries caused by product defects and dangers, ease the process with the assistance of an experienced product liability lawyer. They are well-equipped with the necessary skills needed to prepare the required evidence and paperwork to make your case.

If you need a tort and injury lawyer in North York and Toronto, Rooz Law Personal Injury Lawyers is at your service. Call us at (416) 229-6000 to make an appointment.

Walkers, Beware: Pedestrian Safety in Ontario

In January 2018, a collision in suburban North York claimed the life of a five-year-old girl. Unfortunately, incidents like this are not isolated cases. If you are a frequent walker, safety precautions will not only protect you from injuries and property damage; they may save your life as well.

Learn more about how you can contribute to pedestrian safety in Ontario (both as a walker and a driver). Follow these tips:

Safety Tips for Pedestrians

As a pedestrian, always use the sidewalk. If there is none available, walk on the side of the road that faces traffic. This allows you to see vehicles as they pass, making it easier to dodge cars.

  • Accompany young children
    Hold children’s hands when walking on the sidewalk or crossing the street. Do not allow them to run ahead of you, as they can be unpredictable. Also, drivers of large or tall vehicles might have difficulty seeing very small children on the road, especially if they are driving very fast.

Listening to music while walking can be distracting.

  • Put away distractions
    Many accidents occur because a person walking was distracted and failed to notice an oncoming vehicle. Having earphones or headphones on can impair your ability to hear warnings (like honking horns). Talking on or playing with your cell phone can affect your reflexes and senses. Be on the lookout even after you’ve begun crossing. Cars can sometimes be closer than they appear; newer cars may be quieter than older ones and therefore harder to hear.
  • Cross at marked crosswalks
    Cross only at designated areas marked for pedestrian crossings (usually located at road interactions). It is not advisable to cross the road between parked cars or in the middle of a block.

Cross the street when the pedestrian light is green.

  • Check the traffic light
    Keep an eye on traffic lights before crossing the street. The safest time to cross is when the “Walk” (“Walking Man”) symbol appears or when the pedestrian light turns white/green. Once the “Don’t Walk” (“Flashing Hand”) signal starts to flash, the designated time for crossing will soon end, so it’s best not to start. If you’re in the middle of the lane, continue walking safely. Crossing when the light is red or when the “Don’t Walk” signal is steady is called “jaywalking” and is illegal.
  • Look both ways before crossing
    In Ontario, vehicles can turn right on a red signal at most intersections. Even when the pedestrian light is green, begin to cross only when you are absolutely sure that there are no oncoming vehicles.
  • Be visible
    It can be difficult for drivers to see you at night or when in inclement weather. For safety purposes, wear bright, light-coloured clothing or clothing with reflective strips to keep visible.

Pedestrian safety is an important lesson to teach kids.

Teaching Your Children Pedestrian Safety

The best way to teach children about road safety is to lead by example. Obeying traffic laws and adhering to pedestrian safety guidelines will help kids pick up these behaviours. Other ways to actively teach your children about the rules of the road are:

  • Keep instructions brief
    Children have shorter attention spans than adults and they may not remember (or understand) lengthy explanations. Keep instructions clear and brief. Your explanation can be as simple as: “Red light means stop.”
  • Use models and toys to get their attention
    Many children will understand better if you incorporate visuals when providing instruction. Use toy cars or drawings to demonstrate safety scenarios. Play mats that look like road maps can also be useful in this learning activity.
  • Incorporate games to make learning fun
    Reiterating safety lessons is an effective teaching method, and playing games with kids will help drive the point home. Incorporate question and answer games by printing out traffic signs and letting kids tell you what they mean. You can also give them a scenario and ask them what the safest decision would be.

To keep your kids invested, turn the game into a contest and offer prizes for the winners.

  • Let your child take the lead
    Giving children some independence builds their confidence when it comes to walking in the street and crossing the road. When you arrive at a crossing (or when you encounter other teaching moments), stop and ask them what should be done next. If they offer the wrong (i.e. unsafe) answer, gently correct them.
  • Teach them alongside siblings or friends
    Kids enjoy interacting with their peers, so bring along their friends (with parents’ permission!) so they can learn together. Encourage older siblings to join the younger ones to make the safety lessons a family bonding moment as well. When teaching road safety to a group of children, be firm, but patient! They may become distracted when they’re with friends.

Keep yourself—and others— safe on the road.

Safety Tips for Drivers

Motorists must always keep an eye out for anything happening in the road. To avoid injuring pedestrians (especially when turning), take certain precautions when driving:

  • Keep an eye out for Community Safety Zone signs.
  • Drive slowly when in residential areas, school zones, playgrounds, parks, and other areas where there may be children.

Always stop when you reach pedestrian crossings.

There exists a false idea that pedestrians have the right of way and a driver is always at fault in an accident involving a pedestrian. Public safety relies on all parties obeying traffic laws.

In Toronto, drivers must wait to proceed through a marked, lit crosswalk until pedestrians have safely set foot on the other sidewalk. All vehicles on the road are now required to fully stop and yield when they reach school crossings, pedestrian crossovers, and other locations designated for crossing.

However, pedestrians may not simply step into traffic, jaywalk, or commit other unwise infractions and expect that if they’re injured the vehicle operator will be at fault.

You may be entitled to compensation if you’re involved in an accident.

What Happens When a Pedestrian Is Injured

In Ontario, a pedestrian who is hit by a car and injured can file a claim against a driver who is at fault in addition to a claim for accident benefits. The rules set by the Ontario Insurance Act apply to pedestrians as well as the driver and passengers. Even if not covered by insurance, a pedestrian injured in Ontario is eligible to receive accident benefits.

Insurance law can be rather complex. When filing a claim, seek help from a personal injury lawyer who can navigate you through the process.

If you are in need of a personal injury lawyer in North York, call the dedicated team at Rooz Law: (416) 229-6000. We will fight for your rights and work to get you the compensation you deserve.

Can I Sue a Spouse or Family Member for Personal Injury?

Should I sue my spouse?

Personal injury law, specifically tort law, protects those who are injured through no fault of their own. Personal Injury law encompasses tort law, municipal liability, civil litigation, accident benefits, long-term disability, product liability, sexual harassment, and medical malpractice.

“Personal injury” is the legal term for an injury that is either physical (pain or harm to one’s body) or psychological (cognitive or mental impairment). Tort law is concerned with claiming damages that result from another party’s negligence.

Physical Injuries:

      • Brain and spinal cord injuries
      • Soft tissue injuries
      • Broken or fractured bones
      • Amputation, loss of limbs, or paralysis
      • Wrongful death

Psychological injuries can be covered by an insurance claim

Psychological Injuries

In the 2017 case of Saadati v. Moorhead, the Supreme Court of Canada unanimously decided that tort law must treat mental and physical injury claims similarly. Psychological injury claimants are no longer burdened with satisfying special evidentiary requirements to prove their suffering, such as the diagnosis of a cognitive or psychological disorder. Instead, the focus is on the claimant’s actual pain, not the label attached to it.

Factors Considered When Assessing Damage

When assessing the value of a claim, many factors are considered: the cause and nature of the injury, and the impact it has on one’s ability to function and participate in society. Most personal injury damages come in the form of monetary benefits that pay for what was lost due to injury. In some cases, compensation for medical bills or property damage is relatively easy to determine. However, other cases can be more difficult to calculate (when the victim’s quality of life becomes severely compromised, for example).

Medical treatment expenses may be reimbursed

Common Types of Damages Awarded in Personal Injury Cases

Medical Treatment: This includes the cost of necessary medical care and reimbursement of money that the victim may have paid out of pocket. It also includes compensation for the estimated cost of any future medical treatments.

Pain and Suffering: Compensation for a victim’s current (and possibly future) pain and suffering is known as non-pecuniary general damage. A threshold must be met when claiming pain and suffering as a result of a motor vehicle accident (unlike other cases where there is no threshold). In order to meet this threshold, if applicable, a lawyer must prove to the court that the incident resulted in:

    • Death
    • Permanent serious injuries or impairment of an important physical, psychological, or cognitive function
    • Permanent and serious disfigurement

You may be entitled to damages for lost income

Income: If a car accident causes injuries that result in one’s inability to work, damages based on future income may be awarded. This is compensation for a “loss of earning capacity.” While lost income can be claimed without meeting the threshold mentioned above, you can only receive 70% of the net loss, minus accident benefits that you receive. After trial, you are entitled to 100% of the lost income in the context of a tort claim. If the incident is not a car accident, entitlement may be 100% of the past and future damages.

Housekeeping and Home Maintenance Services: If you are unable to perform certain chores and tasks around the house because of injury, you may be compensated for any money spent on home maintenance. This may apply to other chores and expenses.

Property Damages: If the incident caused loss or damage to material properties (such as clothes, gadgets, or other property), you may be entitled to reimbursement for repairs or compensation of their market value.

Eligible family members can make a damage claim on your behalf

Claims by Family Members: The law in Ontario allows some of a victim’s family members to make a claim for themselves even if not injured or involved in the incident. Those who are eligible include spouses, immediate family members, and grandparents. According to the Family Law Act, family members can recover:

    • Reasonable allowances for travel expenses incurred to visit the injured victim during their recovery or treatment. This may also be available as accident benefits.
    • Nursing, housekeeping, and other related services that the victim needs as a result of the injury.
    • Expenses incurred for the benefit of the victim.
    • Monetary damages for loss of income.
    • Funeral expenses.

An amount to make up for the loss of care, guidance, and companionship that the family members enjoyed or reasonably expected to receive from the victim had the incident not occurred.

Limits on Damages

Awards on damages in Ontario are not unlimited, nor are they guaranteed. Both federal laws in Canada and local laws in Ontario limit what victims can recover, including:

Evidence: Not only must victims prove that their injuries are due to someone else’s negligence, but they must also prove that the amount to which they believe they are entitled is actually supported.

Capping of Non-Pecuniary Damages: In the 70s, the Canadian Supreme Court decided that claimants of non-pecuniary damages can receive up to $100,000. Due to inflation, the cap is now around $400,000.

Statutes of Limitations: When it comes to legal matters, sooner is better. Generally, victims of motor vehicle accidents in Ontario have two years to start a case against an at-fault party. However, it is not advisable to wait that long; if the limitation period passes, there is a high probability that the court may dismiss the case.

When You Can (or Should) Sue Your Spouse for Personal Injury

Happily married spouses typically don’t sue one another. In certain situations, however, it may be necessary to sue a spouse in order to recover compensation for injuries that have been suffered.

Consider the following:

Scenario 1 – Your spouse spills a drink on the floor and does not clean it up. You, in a rush, do not notice the spill. You slip and fall, hitting your head hard on the kitchen counter and causing injury.

Your spouse can be held accountable for injuries sustained in an accident

Scenario 2 – You are running late to an important event. Your spouse is driving and you are in the passenger seat. Your spouse, thinking there is no oncoming vehicle, runs a red light. Just then, a speeding truck slams into your car. You sustain serious injuries and are incapacitated for months.

In the first scenario, you may sue your spouse but the insurance policy may exclude coverage if, for example, you live in the same household. Insurance companies usually exlude coverage for members of the household for certain incidents. That being said, some losses should be covered by the policy; it all depends on the incident and the language of the insurance policy.

In the second scenario, the driver spouse can be held liable for injuries sustained by the victim, even if the two are married. Collusion is unlikely in this case because it is presumed that the driver would not purposely risk the spouse’s life simply for financial gain. (Such situations are judged on extenuating circumstances in order to rule out the possibility of fraud.) If the victim believes she is entitled to more than what the insurance company is willing to pay in accident benefits, she can sue the spouse for damages. However, the driver must be named as the defendant. The insurance company will likely be who pays out if the victim wins the case and thus the sued spouse does not pay the victim spouse out of pocket and the married couple is better off overall

Personal injury lawsuits are best handled by a lawyer

The principles applied in personal injury lawsuits are not one-size-fits-all and can vary depending on specific circumstances. It is best to enlist the help of a personal injury lawyer in order to understand what options are available to you and if you are eligible for compensation.

If you believe that you are entitled to compensation due to an injury, call Rooz Law Personal Injury Lawyers in North York at (416) 229-6000. We will fight for your rights and pursue the maximum compensation that you deserve.

What to Do after a Car Accident

Accidents can happen to anyone, and decisions made in the aftermath are critical and can affect your claims for compensation. When involved in a motor vehicle accident, here’s what to do:

Stay calm

Although often easier said than done, it’s important to remain calm. Keeping your cool will help you take better control of the situation. If you feel rattled, take a moment or two to compose yourself before making any decisions or confronting the other party.

Stay at the scene of the accident

If you’ve been in an accident, stop your car. Fleeing from the scene is an offence for which you may be charged.

Check yourself and your passengers for injuries

Check yourself for injuries. Are you feeling any sort of pain? Can you move all your limbs? Do you have any wounds or cuts? Ensure the safety of other passengers by asking them the same questions.

Get information from the other party

The first question to ask the other party is if everyone in his or her vehicle is unharmed. Once you have confirmed that no one is hurt, ask for the following important information:

  • Driver’s license number
  • Driver’s name and contact information
  • License plate number
  • Name of their car insurance company and policy number

For the above, it is best if you secure copies of documents confirming the above. When safe to do so, use your smart phone to take pictures of the other driver’s documents, licence, insurance slip, plate number. Ideally, you should also take pictures of the scene and damage to all vehicles.

Move the vehicles to the side of the road

When permissible and if possible, move the vehicles to the side of the road so you do not obstruct the way for others. Turn on the hazard lights or use cones or warning triangles to alert other drivers.

Damages that exceed $2,000 must be reported to the authorities.

When to Report an Accident

The general rule is that any incident that results in injuries or damages with a combined estimated cost of more than $2,000 must be reported. Other situations in which you are required to report an accident (even if there is no damage or injury) are:

  • When one or more of the vehicles involved is a government vehicle.
  • If the accident results from a criminal act (such as driving under the influence).
  • When there is any property damage, whether private or municipal.
  • When any of the drivers involved do not have car insurance.
  • When the accident involves a pedestrian.

Report any accident within 24 hours, even if you do not want to file an insurance claim. Failing to report an accident that exceeds the $2,000 threshold is an offence (e.g. leaving the scene). Penalties for conviction of this offence include:

  • A fine ranging from $400 to $2,000
  • Possible jail time (depending on the severity of the accident)
  • Suspension of driver’s license for up to two years

If 24 hours have passed and you have not yet reported it, immediately call a local accident reporting centre.

Reporting the Accident to Your Insurance Company

Many drivers mistakenly believe that it’s unnecessary to report an accident to their insurance company if they do not plan to file a claim (especially if the damage is minimal). However, most insurance policies require that all accidents must be reported, regardless of the extent of the damage.

Your insurance company may need the following:

  • Information about your insurance policy
  • The year, make, and model of the cars involved
  • Details about the accident (date, time, location, etc.)
  • The other driver’s information (name, address, insurance company, etc.)
  • The name and badge number of the investigating officer

Contrary to popular belief, reporting an accident to the police will not necessarily affect your insurance company’s assessment; the insurer will independently determine who is at fault and whether or not your policy rate will increase, based on fault determination rules, a set of rules legislated specifically for this purpose

Making a deal with another driver can cause big headaches later on.

Risks of Not Reporting an Accident

In cases with no injuries and little damage, it can be tempting to strike a deal with the other driver and skip the whole process. After all, many do not want to risk increased insurance rates. However, failing to notify the authorities and your insurance company runs many risks, including:

The other driver might not hold up their end of the agreement, resulting in you to getting charged or suffering adverse consequences with your insurance company.

Injuries can arise after the accident and you might be responsible for any medical expenses if you do not make an insurance claim.

The other driver may change their mind and report the accident to their insurance company. If they do, your insurance company will be notified and your policy might be cancelled or affected. Failure to report to an insurer despite a requirement to do so may affect the insurance rates you face on renewal.

The other driver might decide to report the accident to the police and you could be charged with leaving the scene or failing to report it.

The damage might be worth more than $2,000, entitling you to more compensation than you received.

The other driver might take advantage of or con you.

Take a detailed account of the accident.

Recording Information After an Accident

In addition to reporting the incident to the police and insurance companies, take photos of the scene, the vehicles, and anyone involved. If possible, record your account of what happened on video, as well as those from the other party and any witnesses.

When describing the events, simply record what happened according to each person’s perspective. Take note of important details related to the incident, including the time and date, and weather and road conditions. Jot down pertinent information as soon as you can to keep your records as accurate as possible.

Wait for medical professionals to attend to the injured.

What to Do When Someone Is Injured

If the accident caused any sort of injury to anyone, do not attempt to move the person. Immediately call 911 and (unless you’re trained in first aid or are a medical professional), wait for help to arrive. If you need immediate medical care, keep receipts for all expenses incurred for reimbursement.

If you or your family members sustain serious physical or psychological injuries, you may be able to sue the driver at fault and claim compensation for the following:

  • Income loss
  • Medical treatment
  • Rehabilitation expenses
  • Pain and suffering
  • Psychological trauma
  • Housekeeping services
  • Loss of care, guidance, and companionship (for family members)

All persons involved in car accidents in Ontario are entitled to Accident Benefits regardless of fault. If you or a loved one were involved in a car accident, entitlement for anyone, including an at fault driver, may include:

  • Income Replacement Benefits
  • Attendant Care expenses
  • Medical benefits
  • Rehabilitation benefits
  • Lost educational expenses
  • Medical Assessments
  • Many other expenses, including prescription glasses, clothing, funeral expenses, etc.

A first-aid kit in your car may come in handy one day.

How to Be Prepared for Accidents

No one anticipates being involved in a car accident. If you find yourself in this situation, it pays to be prepared. Keep an emergency pack in your car that contains the following:

  • Clean towel and thermal blanket
  • Fire extinguisher, warning triangles, and flares
  • Basic tool kit (flashlights, extra batteries, fully-charged power bank)
  • Extra set of clothes
  • Bottled water and non-perishable food
  • First-aid kit (bandages, antiseptic, gauze pads, etc.)
  • Extra pair of prescription glasses

A legal professional can help ease your burden.

Car accidents are stressful, and dealing with the authorities and insurance companies can be overwhelming. If you are looking for assistance in making a claim, filing paperwork, or if you have questions about the process, call a legal professional.

For an accident lawyer in North York, call Rooz Law at (416) 229-6000. Our dedicated team of personal injury lawyers will fight to make sure you get the compensation you deserve.

No Car Insurance? No Problem! The Motor Vehicle Accident Claims Fund

Ontario law requires all drivers on the road to be covered by a valid motor vehicle insurance policy. However, if you are involved in an accident and you or the party at-fault is uninsured, you are still eligible for insurance benefits. Whether it’s a hit-and-run or one party was driving drunk or driving without a license, accident benefits may be available. The process can be long and complicated (and sometimes confusing if you’re not fluent in legal jargon), but having a personal injury lawyer by your side can help you get the compensation you deserve.

What is the Motor Vehicle Accident Claims Fund?

When the responsible insurance company is unknown or nonexistent, the Motor Vehicle Accident Claims Fund (MVACF) steps in.. Benefits may include income replacement, medical care costs, and rehabilitation needs like at-home attendants or physical therapy.

Certain requirements must be met before the fund will grant payment, however. Governed by the Financial Services Commission of Ontario, the functions of the MVACF are:

  • “To provide statutory accident benefits directly to persons involved in an automobile accident who have no recourse to automobile insurance.”
  • “To provide compensation for personal injury or property damage to victims involved in an automobile accident with an uninsured or unidentified driver or a stolen vehicle when no liability insurance exists.”
  • “To recover from the owners and drivers of uninsured vehicles monies paid out on their behalf, where legally permissible.”
    (From the FSCO website)

The fund is a last resort means of claiming compensation after all other avenues have been exhausted, and the commission is clear about the process by which claimants can be compensated. It will only consider payment of claims under the Statutory Accident Benefits Schedule (SABS) if there is no recourse to auto insurance. MVACF is last on the priority list, specified under Section 268 (2) of the Insurance Act:

The priority for payment is as follows:

  • “Recovery from your own automobile insurer (you are a named insured).”
  • “Recovery from the insurer of the automobile in which you were an occupant.”
  • “Recovery from the insurer of any automobile involved in the accident.”
  • “If no other recovery is possible, MVACF may consider payment as mandated by Section 6 of the Motor Vehicle Accident Claims Act.”

What Does the Claimant Need to Do?

Determining if the MVACF is your last recourse is relatively straightforward, but bringing a tort claim against an uninsured or unidentified at-fault driver can be a complicated process. The Minister is only required to pay out of the MVACF for judgments in the claimant’s favour if the criteria established in the Motor Vehicle Accident Claims Act have been met. That burden rests with the claimant and his or her lawyer must help satisfy it.

Before making a tort claim under the MVACF, you must make every effort to identify the at-fault driver. Once identified, the next step is to establish that the other party is uninsured and that no other possible coverage is available. If the party at fault is protected under a family member’s insurance policy via the Family Protection Endorsement, you would not be eligible to receive assistance from the MVACF. This Endorsement was set up to protect family members of named policyholders in the event of injury or death as a result of wrongdoing by an under- or uninsured motorist.

Finally, the accident victim and his or her lawyer initiate an action and obtain a judgment; only then will the MVACF consider payment. Once this has been obtained, the claimant must also provide:

  1. “The original (or certified copy) of the judgment. (For Small Claims Court, an Affidavit for Enforcement Request is required.)”
  2. “A copy of the Statement of Claim.”
  3. “A copy of the assessed Solicitor and Client Account (in accordance with section 27 of the Act).”

What Are a Victim’s Rights?

Victims can sue for general and specific damages as well as Family Law Act claims and are required to pay a statutory deductible. The limit for third-party liability under the MVACF is $200,000 per occurrence (which includes pre-judgment interest), plus partial indemnity legal costs and disbursements. The sum is reduced by amounts payable for property damage claims if they exist.

MVACF isn’t required to pay a judgment unless it was first given notice of the uninsured motorist’s failure to defend the court action. In this case, a Notice of Default form must be submitted if the defendant (or defendants) have defaulted on the court action.

Property Damage Claims

You can also make a claim for compensation from the MVACF if you sustained property damage during a motor vehicle accident (i.e. if your wheelchair or bicycle was destroyed). Damage to an actual motor vehicle is not permitted under this program, however. The claims process for property damage is slightly different than it is for personal injury:

You must complete an application and submit the following to the MVACF:

  • “Police Officer Report”
  • “Damage estimates and/or repair invoice”
  • “Notice of Collection of Personal Information form. (These forms need to be signed and returned only if the application is being made on behalf of a private individual and not a business or entity.)”
  • “If an insurance policy is referenced on the police report, a letter from the insurer is required that outlines when the insurance policy was cancelled (date and time) and the reason for cancellation.”

Help is Available

Obtaining compensation can be a lengthy process, but there is recourse for your pain and suffering. The MVACF is available to all Ontarians if an accident occurred within the province and you or another driver does not have motor vehicle insurance. Hire a personal injury lawyer who will help you during this stressful time.

If you have been in a motor vehicle accident involving an uninsured or unidentified driver, call Rooz Law at (416) 229-6000. Our dedicated team of personal injury lawyers in North York and Toronto will fight for the compensation you deserve.