I've Been in a Motor Vehicle Collision, What Claims Can I Advance?

If you’ve sustained injuries in a motor vehicle collision, you can advance two types of claims: an “Accident Benefits” claim; and a “Third Party” or “Tort” claim.

  1. Accident Benefits Claim

The first type of claim, an “Accident Benefits” claim, is a claim against the insurance company who has “priority” over your claim. All individuals with insurance can advance “Accident Benefits” claims. This is a claim against your own insurance company, or the insurance company of the driver operating the vehicle in which you were travelling, if you were a passenger.

Your accident benefits coverage entitles you to coverage for medical and rehabilitation benefits, including the cost of physiotherapy, chiropractic treatment, and other forms of rehabilitation.

Depending on whether or not your collision injuries render you unable to complete your employment duties or personal care activities, you may also be eligible for receipt of weekly income replacement benefits and monthly attendant care benefits. In very specific circumstances, you may also be entitled to non-earner benefits, housekeeping benefits, and care giving benefits.

If you make claims for benefits to which you believe you are entitled and you are denied by your insurance provider, a lawyer may be able to restore your access to these benefits or negotiate a settlement amount that will provide direct compensation for the denied benefits.

  1. “Third Party” or “Tort” claim

The second type of claim that you may be able to commence is a “Third Party” or “Tort” claim. This is a claim made against the insurance company of the vehicle or driver who is “at fault” in the collision.

In order for a claim of this type to be commenced, one must suffer a “permanent and serious impairment”.

A claim of this type can be made for general damages (“pain and suffering”), income loss/loss of competitive advantage, and loss of housekeeping capacity, care giving capacity, and other damages suffered as a result of your collision-related injuries.

If you would like assistance with your motor vehicle collision claims, please speak with a personal injury lawyer at JEWELL RADIMISIS JORGE LL.P.

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