Category: Tips

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.

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.

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.

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

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.

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.

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.

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

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.

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 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).

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.

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.

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 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.

• 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.

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.

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.

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.

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.

• 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.

• 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.

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.

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.

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.

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.

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

• • • Severe changes in sleep or appetite
    • Depression, psychological trauma, or anxiety
    • Memory loss
    • Changes in personality, behaviour, or temperament

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).

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

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.

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.

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

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.

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.

The Minor Injury Guideline (MIG) is part of the Statutory Accident Benefits Schedule (SABS) and is in place to guide how accident victims are covered for goods and services by their insurers if their injuries fall within the definitions in the MIG. Treatment does not require the insurer’s approval for minor injuries sustained in an accident, if an application is properly made with respect to a motor vehicle accident. Although that might sound complicated, here’s what the MIG means to you.

The stated objectives of the MIG are as follows:

1. Speedy access to rehabilitation for persons who sustain minor injuries in auto accidents;
2. Improve the utilization of health care resources;
3. Provide certainty around cost and payment for insurers and regulated health professionals; and
4. Be more inclusive in providing immediate access to treatment without insurer approval for those persons with minor injuries

Insurance companies can substantially reduce the amount of money they pay out for a claim within the framework of the MIG. The MIG limits the amount that a victim can access to $2,200, or, with an extension, to an absolute maximum of $3,500. In some minor injury cases, this will be sufficient, but for many of people, this amount doesn’t go nearly far enough to pay for the treatment they need and to be able to function as they did before the accident.

What is Functional Restoration?

Since the MIG provides for goods and services with a functional restoration approach (getting the injured person to a state of health where they can function), there’s plenty of room for a subjective determination of what that might mean. It’s usually perceived differently by the sufferer, compared to the insurer. Regardless, the MIG limits the amount that can be used, and this in turn can limit the ability to fully recover.

The minor injuries defined by the MIG include:

• Sprain
• Strain
• Whiplash associated disorder
• Contusion
• Abrasion
• Laceration
• Subluxation (when a joint begins to dislocate)
• Clinically associated sequelae (this means an injury or other health complaints that arises as a result of the initial concern)

The Structure of Treatment

The MIG outlines a treatment course of 12 weeks (divided into three blocks of four weeks each). During each block health practitioners work with the injured person according to the guideline and oversee all interventions. They can also recommend supplementary treatment or certain therapeutic goods that will aid in recovery, such as ice packs, back supports, lumbar rolls, etc. These are also potentially covered by the insurer, but this amount is included in the $3500 cap.

It’s also important to note that if a person has extended health benefits privately or through their employer, these are to be accessed first, thus depleting a person’s extended health benefits for the year. The good news is that the amount paid by such extended health benefits is not deducted from a person’s MIG allowable amount of $3500.

Finding Compelling Evidence for Removal

Personal injury lawyers are concerned about the MIG’s limited amount available for optimal recovery, and the difficulty people face arguing that their injuries fall outside of the guideline. In order for a victim to claim higher benefits, they must prove that their injuries are beyond the minor classification, or that a pre-existing condition precludes them from for the limits of the MIG. The guideline makes it clear that most pre-existing conditions will not exclude victims from the MIG:

“Compelling evidence is to be provided using the Treatment and Assessment Plan (OCF-18) with attached medical documentation, if any, prepared by a health practitioner.

The existence of any pre-existing condition will not automatically exclude a person’s impairment from this Guideline. It is intended and expected that the vast majority of pre-existing conditions will not do so.” (From the Minor Injury Guideline, Financial Services Commission of Ontario)

The phrase “compelling evidence” is problematic here because of its subjectivity and requires healthcare providers to predict recovery based on pre-existing conditions. These are further complicated by what the MIG and insurance companies would call “minor injuries.” Arguing that an accident victim’s injuries fall outside of the MIG is difficult. Yet for those who are injured more severely, the difference between accessing a maximum of $3500 and being able to access up to $65,000 in a non-MIG claim is significant.

The biggest concern is that an accident victim’s injuries may be labelled “minor” in an effort for insurance companies to keep payments low, and that the result for the individual will be a lifetime of chronic pain and suffering as a result of inadequate treatment. While it may be true that the majority “of persons injured in car accidents in Ontario sustain minor injuries for which the goods and services provided under the MIG are appropriate,” it’s just not always the case, and there’s further concern that there’s room for judicial interpretation in some of the broader definitions.

The MIG and Psychology

On a positive note, since the MIG was written, there was some movement by insurers and adjudicators towards accepting psychological impairments as a qualification for receiving treatment outside the limits of the MIG. There is no mention of psychological injuries in the MIG and many people involved in accidents who suffer whiplash are able to be removed from the MIG if they suffer from psychological issues as well.

There may be are other types of injuries that “help” one get outside the MIG. Doctors are able to identify and diagnose concussions better today than they were five years ago, and this can be good news for victims of car accidents trying to get out of the MIG. Concussions are essentially a type of head injury and can take years to heal. The long-term repercussions of concussion are really just beginning to be fully understood. Nonetheless, head injuries and concussions may be used as a trigger to get one out of the MIG as well.

Despite these, victims still need to prove that their case falls outside of the MIG. This is where having a personal injury lawyer on your side can be of enormous help. Your lawyer can present proper evidence (such as reports, medical records, and more) to establish that your injuries are anything but minor. This will allow you to access benefits that will help you recover, return to work, and/or live life in the manner to which you are accustomed as well as help get you the compensation you deserve.

Talk to a personal injury lawyer who understands the law and knows how to help you get the financial support you need to recover from injuries sustained in an accident. Call Rooz Law Professional Corporation, Personal Injury Lawyers in North York and serving the Greater Toronto Area and Southern Ontario: (416) 229-6000.

Accidents can be traumatic (even minor ones), and many people don’t know that they may be eligible for compensation. A personal injury lawyer can help you manage the sometimes confusing legalities and will fight for your rights. Knowing someone is in your corner during such a stressful time can provide peace of mind as you recover.

After an accident, always seek medical attention first and make your safety the top priority. The next step is to call a personal injury lawyer who will guide you through the legal process and fight for the compensation that you deserve.

Time Limits You Should Understand

In Ontario, you have seven days to report a motor vehicle accident to your insurance company, even if you’re not at fault. Failure to do so can result in the insurance company delaying your claim. (While Ontario has no-fault insurance, this simply means that each party’s insurance will handle its own client’s claims. Fault may still be investigated and could affect your policy, rates, and ability to claim further damages.) Regardless of fault, you may still be owed benefits and a personal injury lawyer can make sure that you get them.

According to the law, you also have:

• 10 days to notify a municipality of a slip and fall accident.
• 10 days to report a motor vehicle accident due to poor driving conditions on a highway.
• 30 days to apply for accident benefits from your insurance company.

A personal injury lawyer is well versed in these time frames and will guarantee that they are met so you receive proper medical and financial assistance.

What to Do at the Scene of an Accident

Knowing what to do at the scene of an accident can go a long way toward proving liability later. While not always pleasant to consider, having an idea of what to do and what to expect will be beneficial in the long run.

Things to remember after a motor vehicle accident:

1. Stay calm and don’t apologize. It’s not always clear who or what actually caused an accident, so refrain from apologizing. Saying “I’m sorry” could be construed as an admission of liability and used against you when determining compensation.
2. Remain at the scene of the accident. Failure to do so could lead to charges filed against you.
3. Report the incident. You are required by law to report the incident to police under certain conditions, such as damage exceeding a cerain amount, injury, or if you suspect that someone involved is guilty of a crime (e.g. DUI).
4. Do not move anyone if there are injuries. Even if injuries are not readily apparent, seek immediate treatment from a doctor or paramedic. Injuries caused by direct impact (like those sustained in a car accident) could lead to long-term disability.
5. Take pictures of vehicle damage, the accident scene, and any injuries you’ve sustained. Record and document as much of the scene as you can. Doing so will be beneficial later on and help your lawyer deal with the claims process.
6. Call your insurance company as soon as possible after the accident. Visit the Financial Services Commission of Ontario for information on filing an insurance claim. It is best to retain a lawyer as early as possible so the lawyer can assist with the reporting as well.
7. Call a personal injury lawyer. Call a lawyer soon after you’ve been treated, but don’t wait too long. Hiring a lawyer will ensure that legalities are handled in a timely fashion and he/she will represent you and your interests at every step along the way.
8. Call or visit a Collision Reporting Centre within 24 hours. If you are involved in an accident that involves property damage, or if the police did not attend the scene of an accident involving injuries, you must notify the police. Filing a report can be done at a Collision Reporting Centre.

What to do if you’ve been involved in a slip and fall accident:

1. Seek medical attention. Before doing anything else, get help. Make sure that you haven’t sustained injuries that could lead to long-term disability, particularly if you’ve hurt your back. Time is of the essence with spinal cord injuries, so take care of yourself first.
2. Take notes and pictures of whatever hazard caused your fall. Your lawyer will need an accurate depiction of how the accident scene looked when you were injured. Take detailed pictures or recordings from several angles, and write down exactly how the area appeared at the time. If your fall was weather-related, you will need to show that outdoor conditions were a contributing factor. Weather varies day to day and sometimes changes very quickly, especially in winter; having documented proof of the presence of ice or snow at the accident scene can help your case.
3. Get names and contact information of any witnesses.
4. Wear proper footwear. Always take the proper precautions to reduce your risk of a slip and fall accident, including wearing appropriate footwear. A judge can decide that there is evidence of “contributory negligence” if you were not wearing the right shoes for the weather conditions or environment in which you fell. You may not be entitled to collect any damages if this occurs.
5. Call a personal injury lawyer. Experts are there to help. A slip and fall that could have been prevented if a property owner or municipality had taken greater safety measures can lead to a lifetime of health problems. Know your rights and get the compensation you need and deserve.

Accidents Can Happen: Be Prepared

Accidents are unpredictable and we may not always be prepared to deal with the aftermath. Between the shock of the accident and the understandable emotion and hardship that accompanies it, it’s best to reach out to those who understand the law best. A personal injury lawyer by your side can ease your mind, and make a potentially difficult and painful situation much more bearable.

If you’ve been hurt in an accident in North York or Toronto, call the personal injury lawyers at Rooz Law. We will help you navigate the legal process and fight for the compensation you deserve. Call us at (416) 229-6000.