FAQ: My family and I were injured in a head-on car accident in downtown Ottawa. My wife and son were seriously injured. What if the other driver doesn’t have enough insurance to cover our medical expenses and injuries?
Answer: In terms of the medical expenses, the at-fault driver’s auto insurance does not pay for the medical expenses incurred by you, your wife and your son. Rather, your own auto insurance covers your medical expenses through your own accident benefits coverage.
Under Ontario law, auto insurance companies are required to pay for medical expenses incurred by drivers and passengers who are covered under their auto insurance policies. The payments are made without regard to fault. This is known as the no-fault system. Therefore, it doesn’t matter that the other driver caused the head-on collision. Your own auto insurance pays for the medical expenses. Please note that using your no-fault accident benefits coverage doesn’t cause your premiums to increase
The amount of accident benefits available to you and your family depends on the extent of your injuries and whether you bought additional, optional coverage.
Accident benefits encompass several types of benefits:
- medical and rehabilitation benefits,
- income continuation benefits,
- attendant care benefits, and
• reimbursement for housekeeping and home maintenance.
How Much Medical and Rehabilitation Benefits Can You Get?
The amount of medical and rehabilitation benefits received is based on the extent of injuries. An insured driver/passenger with a minor injury is eligible to receive up to $3,500 of benefits. An insured driver/passenger with a non-minor injury may receive up to $50,000 of benefits. An insured driver/passenger with a catastrophic injury may receive up to $1,000,000 of benefits.
In addition to receiving accident benefits from your auto insurance company, you and your family may be able to receive financial compensation from the at-fault driver by filing a tort claim or a lawsuit.
One type of damage you may be able to recover in a lawsuit is pain and suffering, which is something you cannot recover by filing an accident benefits claim with your own auto insurance company.
Because multiple individuals were injured in your car accident, the other driver may not have enough liability coverage to compensate all of you. You may be able to file a claim with your auto insurance company under the Ontario Policy Change Forms (OPCF) 44R Family Protection Coverage. This coverage allows you and your family to financially recover from your own auto insurance company if the at-fault driver’s liability coverage is not enough.
However, this coverage is not a standard coverage. If you did not specifically elect to buy this coverage, then you will not be able to file a claim.
We always offer FREE consultations. Call our lawyers today and we can help you determine the amount of accident benefits available to you and your family. 1-866-384-5886
