The aftermath of a car or truck accident in Kingston, Ottawa or Whitby can be very stressful and emotionally draining for injured drivers, passengers or pedestrians. This is especially true for catastrophically injured auto accident victims and their families.
Filing accident benefits claims with auto insurance companies and considering whether to file motor vehicle accident lawsuits can be overwhelming for injured auto accident victims and their families. Therefore, it is a good idea for car or truck accident victims to consult a personal injury lawyer who is experienced in handling statutory accident benefits claims and lawsuits after catastrophic accidents to ensure they receive the maximum benefits and recovery they are entitled to.
After being injured in Ontario auto accidents, injured drivers, passengers and pedestrians may file auto accident benefits claims with their own insurance companies, regardless of fault. For instance, a driver who is rear-ended at an intersection and injured will file an auto accident benefits claim with his own insurance company even though he was not at fault. Some of the benefits insured injured drivers/passengers may receive are medical and rehabilitation benefits, lost pay or income continuation benefits, and caregiver benefits.
For a detailed discussion regarding other benefits available for insured injured individuals, see Ontario Car Accident Law – Lost Pay or Wage Loss Benefits.
However, the amount of benefits injured car or truck accident victims receive depends on the severity of their injuries, which are divided into 3 categories:
- minor injury,
- non-minor injury, and
- catastrophic impairment/injury.
If individuals suffer minor injuries, they are entitled to receive up to $3,500 in medical and rehabilitation benefits. Individuals in the non-minor injury category may receive up to $50,000 in medical and rehabilitation benefits, and individuals in the catastrophic impairment category are entitled to receive up to $1,000,000.
The reality is that auto insurance companies want to pay out the least amount of benefits. They may put an injured car accident driver in the non-minor injury category when in fact the driver should be in the catastrophic impairment/injury category. Injured auto accident victims who generally do not know the law may not question whether they should be in another injury category.
This becomes a problem when medical and rehabilitation costs exceed $50,000, and the injured driver needs more medical treatment. Therefore, if you were injured in a serious Ontario motor vehicle accident, it is important to have an experienced auto accident injury lawyer on your side. If you would like to discuss any aspect of your motor vehicle accident and injury, please do not hesitate to call us at 1-866-384-5886.