In Ontario, individuals injured in a motor vehicle can claim accident benefits under the Statutory Accident Benefits Schedule, regardless of fault. To determine eligibility, the law applies the two-part test.
The direct cause test is the second part of the legal test. This test aims to establish whether the use or operation of the vehicle was the dominant cause of the injury. It is not enough that a vehicle was merely present or tangentially involved. The personal injury sustained must have arisen as a direct result of the motor vehicle accident. Understanding how Ontario defines a motor vehicle accident is critical when applying for benefits under the no-fault insurance scheme. The two-part test remains the legal standard. Individuals who have been injured in or around vehicles should consult a professional lawyer to assess whether they may be entitled to benefits, even in cases that seem unusual or unclear.
If you have been involved in an incident causing you injury, it is always best to consult a professional lawyer who has experience arguing these types of claims to protect your interests. Please contact our team at JEWELL RADIMISIS JORGE LL.P for a free initial consultation at 1 (844) DIAL JRJ.