Who Can Make A Car Accident Injury Claim?
Anyone injured in a car accident can make a claim regardless of fault
After a car accident, anyone who has been injured can make a claim regardless of whether or not they were at fault for the accident. This includes drivers of involved vehicles, pedestrians, cyclists and passengers. Although anyone injured in a vehicle accident can make a claim, the entity responsible for compensation will vary.
In Ontario, injured drivers can claim financial reimbursement for their losses through their own no fault insurance policy.
Everyone using the roadways has a duty of care to keep themselves and others safe from harm. Even if someone else caused the accident, other drivers, occupants of the vehicles and pedestrians must do what they can to keep themselves safe. Further damages are available for drivers who did not cause the accident, fulfilled their duty of care to keep themselves and others safe yet were injured through no fault of their own.
Innocent Driver and Occupants
The innocent driver and occupants of his vehicle who have been injured can claim through the drivers no fault policy. When someone else was a fault for the accident, injured drivers and occupants can apply for further compensation through tort law by initiating a personal injury claim. These additional funds are covered by the insurance company of the offending driver or person at fault for the accident.
At Fault Driver and Occupants
When the person who caused the car accident is seriously injured he can apply to his insurance company for compensation through no fault benefits. Injured occupants of the vehicle can apply for damages, through their own no fault insurance benefits. When the driver of the vehicle they were traveling in caused the accident, passengers can seek further compensation through a personal injury claim. These supplementary funds would be paid through the at fault driver’s insurance company
Uninsured Drivers and Occupants
Sometimes uninsured drivers are involved in accidents causing serious personal injuries to themselves and occupants of their own or other vehicles. Although a driver is legally required to carry car insurance, this lack does not make him at fault for causing the accident.
Normally no fault funds are accessible through the drivers individual no fault insurance. When a driver is uninsured and at fault, other means of compensation must be pursued by the injured person. Any injured occupants should seek damages through their own insurance policy. When a driver is unknown or uninsured, “The Motor Vehicle Accident Claims Fund” (MVACF) is responsible for covering the costs of necessary medical care and damages.
For more information on insured driver claims see here: I’ve been injured in a car accident with an uninsured driver, who pays the bills?
Pedestrian accidents often occur when drivers do not see people who are walking or bike riding along the side of the road. Cars driving at excess speed may lose control in residential neighborhoods or city intersections and hit some one. When a pedestrian or cyclist and a car collide the injuries are usually serious or fatal. If the driver of the car was at fault for the accident, an injured pedestrian can make a personal injury claim, through tort law. This financial compensation payable in a personal injury claim is based on what is necessary to cover damages for injuries and losses including but not limited to the following:
- Necessary medical treatment and ongoing care
- Assistive Devices and rehabilitation
- Loss of income past and future
- Counseling and therapy
- Out of pocket expenses
Thousands of personal injury accidents occur annually in Canada. There are general guidelines dealing with the accidents, the injuries, the laws, individuals and the extent of life changing effects involved. Every accident and the injuries that result are unique. In most cases, no fault insurance is available to injured accident victims regardless of fault. Tort law attempts to compensate people who have been seriously injured through the fault of someone else. Even though a general rule of thumb is a helpful, many details fall outside the scope of general guidelines. A car accident is rarely if ever, clear-cut. Sticky issues arise when the accident is a hit and run, when the driver is driving under the influence of alcohol or drugs, when the car has been borrowed or stolen, when the details of the accident are in question or when fault is shared among two or more people.
Resulting injuries can be life changing or fatal. Accidents affect not only the person who has been injured but also the people who love them. Experienced insurance companies customarily deny claims or insist on minimal payout amounts. Most injured people and their families have huge financial pressure to settle quickly in spite of inadequate compensation. Although they seek to be fair and comprehensive, laws surrounding car accidents and personal injury claims seem convoluted and can be difficult to decode.
Kahler Personal Injury Law Firm’s experienced team of accident injury lawyers have solid systems and proven procedures in place. We understand the chaos and conflict our clients experience following a car accident. In most cases there is pain, rehabilitation, lost income and a great deal of uncertainty. Ongoing care may be necessary for the injured person; what was once an ordinary day is no longer possible. Getting back to wellness and the new ordinary can require long-term medical help, huge financial resources and time. If you have a case, we can help support you financially until your case is settled. We are knowledgeable regarding precedent setting cases and the changing laws that affect positive outcomes for our clients. It is important to note that laws limit the time period, within which, a personal injury claim can be launched. These time limits vary depending upon the details of the accident.
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