As a Quebec resident who is injured in a motor vehicle collision in Ontario, you may be entitled to compensation under both Quebec and Ontario law.
In Quebec, the Société de l’assurance automobile du Québec (SAAQ) provides compensation to victims of road accidents, regardless of who was at fault. The SAAQ can provide benefits for medical expenses, wage loss, and other related costs.
In Ontario, the Insurance Act provides a statutory accident benefits schedule (SABS), which sets out the benefits available to people injured in a motor vehicle collision. Ontario residents who are injured in a motor vehicle collision in the province are entitled to these benefits, regardless of who was at fault.
If you are a Quebec resident who is injured in a motor vehicle collision in Ontario, you may be eligible for benefits from both the SAAQ and the SABS. However, the specific benefits that you are entitled to and the process for obtaining them will depend on the specific circumstances of your case.
Your rights go beyond no-fault benefits through the SAAQ or the SABS. In Ontario, unlike in Quebec, you may have the right to claim compensation from the at-fault driver.
The court system in Ontario provides compensation for car accident-related injuries under two main headings:
- General Damages; and
- Special Damages.
General damages address issues like pain and suffering, loss of enjoyment of life. The amount of compensation varies based on the nature of the injury and level of impairment caused. A serious spinal cord injury will generally attract a higher payment of general damages for pain and suffering than a chronic pain case or a leg or arm fracture.
Special damages compensate for any loss that can be calculated mathematically such as loss of income or expenses related to healthcare, housekeeping assistance or assistive devices like necessary modifications in your home. Depending on your age and the extent of your injury and limitations, the award of special damages can be significant.
The Ontario tort system also provides a mechanism for you to recover a portion of your legal fees from the at-fault driver. This rule is designed to help injured persons gain access to justice.
Most Ontario lawyers will agree to represent injured clients on a contingency fee basis, meaning that you don’t pay your lawyer’s fees unless you are successful in obtaining compensation. This type of arrangement can be invaluable in securing fair treatment following car crash-related injury.
While the SAAQ provides coverage for immediate needs, the Ontario tort system is designed to cover your losses over the long-term. Every year many Quebecers fail to pursue their rights under the Ontario tort system and remain under-compensated for their losses.
It is always recommended that you speak to a personal injury lawyer to help you understand your rights and options. As a Quebec resident, you will want a lawyer who is not only experienced but also accessible. Bergeron Clifford Injury Lawyers practice throughout Eastern Ontario, with offices in Ottawa, Carleton Place and Kingston. We travel easily to Montreal and beyond. We have experience working with medical specialists and therapists throughout Quebec.
As a Quebec resident injured in a car accident in Ontario, you owe it to yourself to learn more about your rights to compensation. Call now.
Ted Bergeron is a Queen’s University graduate with degrees in Physical Education, Arts, Education and Law.
Ted’s legal career started in insurance defence litigation. He worked at a boutique law firm in Toronto, servicing only insurance companies. He switched to representing only injured clients and their families in 1995. He knows both sides of the system inside and out.
He has lectured extensively in the School of Rehabilitation Therapy, the School of Physical and Health Education and the Faculty of Law at Queen’s University. He has worked in a volunteer capacity with the Law Society of Upper Canada as an instructor in the Bar Admission Course teaching Civil Litigation.