Car crashes are often traumatic, even if the injuries are minor. Accident victims may be focused on recovering and unsure how to seek compensation for their medical costs and other losses. Do they pursue a claim against the at-fault driver or sue the driver’s insurance company?
At Greg Monforton & Partners, we handle car crash claims in Ontario every day. If you hire our law firm, you gain the benefit of our extensive experience working on your behalf.
Not sure if you have an injury claim? Our firm offers a free case review to answer your questions and assess your legal options. We have recovered millions for our clients, and if you choose our firm to represent you, there are no upfront costs to pay.
Request your FREE case review. 866-320-4770
Is a Claim the Same as a Lawsuit?
We get asked this question a lot, but no, a claim and a lawsuit are two different legal options. This is an important distinction to make after being injured in a car crash.
After most traffic incidents in Ontario, crash victims will likely only need to file a claim through their insurance company. A claim helps you to recover some compensation for the damages resulting from the crash. However, it is not a lawsuit, and you do not have to go to court.
To start the process and access your accident benefits, you must report the incident to your insurer within seven days or they may not have to honour your claim.
These benefits help to provide compensation for:
- Income replacement – provides up to 70 per cent of your weekly income (gross)
- Medical costs – intended to cover all reasonable and necessary expenses resulting from the car crash, including ambulance transport, medical, dental and eye treatment.
- Prescribed medication costs – must be for injuries related to your accident
- Caregiver benefit – Provided to victims with catastrophic injuries – limits apply
- Rehabilitation assistance – victims may also receive compensation for further treatments necessary to improve the effects of an injury or disability.
Who Determines How Much Compensation I Receive After a Car Crash in Ontario?
Once you file a claim, the insurance company will contact you to assess your car accident and the losses you sustained as a result.
What if I Am Partially At Fault for the Crash?
In Ontario, you can file a claim and receive accident benefits no matter who caused the crash and your injuries. That said, it is still necessary for investigators to determine fault for the crash for several reasons, such as if:
- The insurance company denies your Ontario car crash claim and any accident benefits
- You are unfairly assessed with fault for the crash – or at least more than your share of it
- The insurance company is either delaying payment or denying payment for your medical care
- Your injuries are severe and you need additional compensation for medical costs, rehabilitation, income replacement or caregiver benefits
Hiring a qualified lawyer to manage your case and communicate with the insurance company can help to protect your interests. Our firm is familiar with the tactics insurance companies try to use to underpay car crash victims.
What if a Lawsuit Becomes Necessary After a Car Crash in Ontario?
Most of the time, car crash claims are settled outside of court. Lawyers are often able to reach a fair settlement and keep crash victims from having to file a lawsuit. This helps victims to forgo court costs and other legal expenses.
That said, sometimes crash victims with severe injuries may need more compensation than what the insurance company is willing to pay. If this happens, you may need to file a lawsuit for damages not covered by your insurance company.
Be sure not to sign anything from your insurance company before you speak with a lawyer. If you sign a waiver, you may have no further options for recovering compensation beyond your insurance claim.
Injured in a Car Crash? Call Our Firm for Legal Help Today
Our auto accident lawyers in Windsor have a history of proven results . This is an important factor when choosing a law firm to represent you. You want an experienced lawyer, one who knows how to accurately assess the value of a car crash case. If you accept a settlement offer that is too low, you could end up paying for the rest of your damages out of your own pocket.
Auto insurance claims can quickly get complicated, even when both parties are fully insured. Injury victims, especially those still at home recovering, may be coerced into accepting a low settlement. Without an experienced lawyer to protect their interests, they may be unlikely to recover enough to be fairly compensated. Unfortunately no offer made early on will be sufficient to cover all the damages related to the crash.
Millions Recovered. Call 866-320-4770