I’ve been injured in a car accident – Who Covers What?

If you have been injured in a car accident, the circumstances of the accident will determine which insurer is responsible for providing you with coverage for accident benefits. If you are the driver of your own insured vehicle, you will be covered by the insurer of the policy in which you are named for accident benefits. This will also apply if you are a listed driver on someone else’s policy. The accident benefits will typically include income replacement, medical rehabilitation, and non-earner benefits, among others.

If you do not have your own insurance at the time of the accident, do not panic! The government of Ontario provides many avenues in which you may make a claim for accident benefits through the insurance of others. For instance, if you are the driver of a company vehicle, then you may make a claim through the insurer of that vehicle. If you were injured as a passenger in someone else’s vehicle, you may claim accident benefits through their insurer. If you were a passenger in an uninsured vehicle, then you may claim accident benefits through the insurer of another vehicle involved in the accident. If you were a pedestrian, then you may claim accident benefits through the insurer of the vehicle that struck you. However, in Ontario, if you were either a pedestrian or a passenger and none of the above circumstances apply, and you still have no recourse through which to claim accident benefits, you’re in luck! The Motor Vehicle Accident Claims Fund acts as the insurer of last resort where there are no other insurers from which to claim accident benefits. When this is the case, the fund may pay for your accident benefits.

Aside from accident benefits, the law provides for an injured person to sue the at-fault individual, and their insurer for their negligence. Some common damages which are claimed in motor vehicle accidents include pain and suffering, loss of income, loss of competitive advantage, special damages, and compensation for other losses. The deadline for suing the at-fault driver and their insurer is generally two years after the date of the accident, barring only a few limited exceptions. In Ontario, if the at-fault driver is uninsured, underinsured, or unidentified, you may sue your own insurance provider for compensation. Often times, these situations can become extremely complicated and you will likely require the expertise of an experienced Toronto accident lawyer.