If you are involved in a motor vehicle accident (“MVA”) in Ontario, either as a driver, passenger, pedestrian or cyclist, you are afforded certain benefits, regardless of fault. Following an MVA, you should immediately report the accident to your insurer and file a claim for accident benefits through your own insurance company. Under the statutory accident benefits schedule (SABS), there are specific regulations that govern the priority of who responds when you do not have your own insurance, for example, as a passenger or pedestrian. These benefits; which include medical/rehabilitation, and in some cases, attendant care and an income replacement are not dependent on fault or having your own insurance policy. Regardless, they are 100% recoverable.
On the other hand, a lawsuit, often referred to as a tort claim, is heavily dependent on liability or fault. Regardless of the severity of the injuries you’ve sustained, the onus is on the injured party or plaintiff, to prove that the accident was caused or contributed to by another motorist. The burden of proof is the balance of probabilities, which is just another way of saying more likely than not. Assuming fault can be established, it is salient to utilize the benefits that are available through your own accident benefits claim in order to establish the need for further treatment and put yourself in the best position to recover damages for other special damages and income losses.
The proper avenue to recover benefits available in either scenario can be confusing. If you are involved in a motor vehicle accident, contact a lawyer a Beckett who can guide you through the mind field that is personal injury law in Ontario.
