After being injured in an car accident, victims are often confused about many factors that could impact a claim. You may be unsure if the insurance company will cover your damages or how to proceed through the legal process. This confusion is even greater when the accident victim is the passenger. However, as a passenger involved in a car accident, you have certain rights.
We recommend that you contact a knowledgeable Windsor car accident lawyer from our firm for help with your claim. We can further explain your rights and legal options during a free consultation.
Passenger Rights After a Crash
Under Ontario law, the passenger of a car accident has the right to claim compensation when injured by another person’s negligence. You may be eligible for insurance compensation awards either through a standard claim or lawsuit against the at-fault party. Ontario follows a no-fault system, which generally means that that no matter who caused the accident, you go through your own insurance provider. However, as a passenger, you can make a claim on the driver’s insurance policy.
The amount of compensation (also referred to as accident benefits), you may be eligible for will depend on your situation and is governed by the Statutory Accident Benefits Schedule (SABS). SABS can help provide compensation for injuries ranging from minor to catastrophic.
The insurance company will consider several factors to determine who is at-fault for the car accident:
- Police reports
- Witness statements
- Everyone’s version of events
- Photographic evidence
- Weather patterns
- Road conditions
It is generally a wise decision to seek legal representation as soon as possible after the accident. A lawyer from our firm can conduct a separate investigation to establish the party or parties responsible for your injury and negotiate with the insurance company so that you obtain fair and just compensation.
Injured Passengers and Car Insurance
Accident benefits are available to any passenger after he or she suffers an injury. This starts with the no-fault program provided by the insurance carrier. Accident benefits would be claimed from the driver’s insurance policy. The possible benefits can include the following:
- Medical costs
- Expenses for rehabilitation
- Caregiver and dependent care programs
- Replacement benefits for income
- The expenses for attendant care and housekeeping
Filing a Claim as a Passenger in Ontario
To file a car accident claim in Ontario, you should first seek medical attention to determine what injuries exist and the extent of bodily harm suffered. A lawyer can then assess the value of your damages if you have a valid claim and decide to move forward. You only have a limited amount of time to file a claim and if you miss the deadline, you may lose your right to file a claim for compensation.
Contact Us for Help with Your Claim
If you have been injured as a passenger in a car crash, let our legal team at Greg Monforton & Partners guide you through the claims process. Schedule a free consultation to learn more about the options available to you. If we represent you, we will communicate with the insurance company on your behalf to try to obtain maximum compensation for your injury and other losses.
Call (866) 320-4770 to get started.