In addition to advocating on behalf of our clients, at Martin & Hillyer we ensure that our clients are informed of and understand the litigation process - knowledge is power. With that goal in mind we have devoted this page to address frequently asked questions.
What are accident benefits?
Accident Benefits are benefits typically paid by an injured person's automobile insurance company to cover such things as lost wages, medical expenses, attendant care expenses, and housekeeping and home maintenance expenses. Even if you were not at-fault for the accident your automobile insurance company would pay these benefits.
My insurance company wants me to settle my accident benefits claim. Should I?
You do not have to settle with your insurance company. Depending on the money being offered, however, settlement may be in your best interest. You need to consider such things as future medical expenses, lost wages, and potential health complications. Do not settle with an insurance company until you have spoken to a lawyer.
What is the deductible?
For automobile accidents which occur on or after October 1, 2003, a $30,000 deductible applies against claims for pain and suffering and loss of enjoyment of life. The at-fault driver's insurance company gets to deduct $30,000 from the money that is owing to you. The deductible does not apply if your pain and suffering claim is $100,000 or more, and there is no deductible for medical expense and wage loss claims.
What is the Threshold?
People injured in automobile accidents in Ontario are not entitled to any compensation from the at-fault driver for pain and suffering and medical expenses unless they have suffered serious permanent impairment of an important bodily function (i.e., the "Threshold"). The Threshold applies to automobile accidents only.
Who pays for my medical expenses?
In most cases your own automobile insurance company will cover most of your medical expenses, but usually for ten years only. If you have suffered a serious permanent impairment of an important bodily function you can sue the at-fault driver for the medical expenses that your insurer does not cover.
Who pays for damage to my vehicle?
Even if the other driver caused the accident your insurance company is responsible to reimburse you for the damage to your vehicle.
