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Ontario Auto Insurance and Accident Law – Changes to Deductible for Pain & Suffering Damages

Pursuant to amendments in Ontario Regulation 461/96, there have been more changes to what victims of motor vehicle accidents in Ontario may receive after a car accident.

As we discussed in prior articles, changes to Ontario’s Statutory Accident Benefits Schedule (SABS) were passed in the Ontario legislature after the Ontario government announced its 2015 Ontario Budget. There were major changes to the Statutory Accident Benefits Schedule (SABS) which determines the amount of benefits injured motor vehicle accident victims may receive.

If an Ontario driver is injured in a car accident, they may file an accident benefits claim with their auto insurance company and be compensated for the following:

  • medical and rehabilitation benefits,
  • income replacement benefits, and/or
  • attendant car benefits.

However, not all damages suffered are covered by accident benefits claims. For instance, a driver may only receive a portion of his lost income from the accident benefits claim. In order to recover the difference, the injured driver may file a tort claim or lawsuit against the at-fault driver.

In an Ontario car accident lawsuit, injured parties may receive the following damages:

  • medical and rehabilitation costs not covered by OHIP or accident benefits,
  • income replacement not covered by accident benefits, and
  • compensation for pain and suffering.

If a driver receives pain and suffering damages as a result of a tort claim, that award is subject to a deductible. If a driver receives $100,000 or less in pain and suffering damages, $30,000 is deducted from the award. Therefore, the driver will only receive $70,000 if the award is $100,000. If the pain and suffering award is greater than $100,000, then there is no deductible.

The recent amendments to Ontario law ensure that the deductible amount for pain and suffering is adjusted for inflation. The amendments include the following:

  • From August 1, 2015 to December 31, 2015, the adjusted pain and suffering amount is adjusted from $30,000 to $36,540.
  • On January 1, 2016 and every subsequent year, the pain and suffering deductible will be adjusted by the indexation percentage published under Ontario’s Insurance Act subsection 268.1 (1) for that specific year.

Help with Statutory Accident Benefits and Tort Claims After an Ontario Car Crash

The accident benefits claims process is very confusing. With the changes to Ontario’s auto insurance coverage, it is even more important to consult an experienced car accident lawyer after a car accident in Kingston, Ottawa, Whitby and other parts of Eastern Ontario. Call the personal injury lawyers at Bergeron Clifford for a FREEconsultation. 1-866-384-5886

Contact Bergeron | Clifford LLP

Let us help you if you have been injured anywhere in Eastern Ontario. Contact us at 866-384-5886 or fill out our online form. We can meet at any of our office locations, including Kingston, Ottawa, Whitby, Carleton Place, Perth or wherever is most convenient for you.

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