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Ontario Personal Injury Law Firm

driver operating a vehicle without a licenceIf you have been involved in an accident with an unlicenced driver, you may be concerned about his or her lack of insurance or means to pay for your losses.

Regardless of whether the other driver has never held a licence, has an invalid or expired licence or has a suspended licence, it is important that you understand your rights and potential legal options in these cases.

A Windsor car accident lawyer from our firm is prepared to help you seek maximum compensation for your injuries and damages. Learn if you have a valid claim during a free legal consultation. There is no risk in calling us and no obligation to take legal action after this initial meeting.

Guidelines To Operate a Motor Vehicle

It is against the law to drive without a licence. The Ontario Highway Traffic Act states that it is illegal for a person to operate a vehicle when they are not qualified. If drivers are caught with an invalid licence, the vehicle will be impounded for seven days and result in a fine of at least $200 and up to $1,000.

In Ontario, there are 12 different types of licences. The class of licence you have must match the type of vehicle being driven. To operate a motor vehicle (car, van or small truck),  you must have a Class G licence. This class of licence is also required to operate any other type of vehicle with the exception of motorcycles. For new drivers, obtaining a Class G licence is a two-step licensing process.

A Class G1 licence allows drivers to only operate a vehicle with an accompanying full licenced driver with at least four years of driving experience. A Class G2 licence gives drivers full driving privileges.

Liability in Accidents With Unlicenced Drivers

Ontario is a no-fault insurance province. This does not mean that no one will be found at fault in the event of an accident. In any accident there will be a determination of fault. This includes accidents involving unlicenced drivers. What is different in a no-fault system is how a claim will be paid out.

Generally, the insurance company of the at-fault driver will be responsible for paying out on claims for their insured party and the other party involved. However, in a no-fault insurance system, it does not matter who is at fault. Even if the other driver was driving without a proper licence when he or she hit you, you would need to go through your own insurance company to cover your losses.

Can I Sue an Unlicenced Driver?

In order to take legal action against an unlicenced driver, you must be able to prove negligence. This means showing that the other driver had a duty of care to prevent harm to you, this duty of care was breached and this breach directly resulted in your injuries and caused you to suffer damages.

Driving without a licence is not inherently negligent. Determining whether negligence caused or contributed to an accident will vary on a case-by-case basis. This is why it is important to consult with an experienced lawyer to get a better understanding of your rights.

Allowing an Unlicenced Driver to Use Your Vehicle

Vehicle owners will be breaching their insurance if they permit someone to drive their vehicle who is not authorized or qualified by law to do so.  A vehicle owner must take reasonable steps to ensure that the driver is both able and qualified to use his or her vehicle.

If the unlicenced driver causes an accident, the insurance generally follows the vehicle, not the driver. The owner of the vehicle could be considered liable for the accident and held responsible for paying any damages — regardless of the licensure status of the at-fault driver.

Reach Out to Our Legal Team Today

Our legal team at Greg Monforton & Partners have extensive experience handling a variety of car accident cases. We have helped recover millions of dollars in compensation on behalf of our clients. This includes $6.3 million for the victim of a rear-end accident who suffered a severe traumatic brain injury.

An initial consultation is 100 per cent free of charge. You pay nothing up front if we represent you and no fees while we work on your potential case. We are standing by to take your call or chat online.

Have Questions? We have Answers. Ph: (866) 320-4770.

basic needs from a personal aidIf you have been seriously injured in an accident in Ontario, you may qualify for attendant care benefits, which are intended to assist you in improving your health and recovery.

However, having expenses covered to hire someone to help care for you after an injury is only offered in certain cases. You must be able to show reasonable and necessary cause for requesting these benefits.

Greg Monforton & Partners further discuss what else is covered by attendant care benefits and the eligibility requirements to apply for these benefits. An initial consultation to learn more about your rights with member of our legal team is complimentary and comes with no obligation to hire our firm.

Understanding Attendant Care Benefits

Attendant care benefits are available under the Statutory Accident Benefits Schedule, O. Reg. 34/10 (SABS). SABS is a form of no fault insurance coverage in Ontario. It is also mandatory and included in all standard auto insurance policies across the province.

These benefits allow injured accident victims to be compensated for reasonable and necessary expenses to hire in-home care, such as a personal aide or attendant to help them with their daily responsibilities.

This could include:

  • Bathing
  • Grooming
  • Dressing
  • Cooking
  • Feeding
  • Moving about

Other services, such as housekeeping and performing errands, may also be available. Attendant care benefits could also help pay for care in a long-term care facility or home not covered by the Ontario Health Insurance Plan. These benefits help cover expenses needed for comfortable personal care.

How Much Are Attendant Care Benefits?

The amount you could receive in attendant care benefits will depend on your situation. The nature and extent of your injury is of utmost importance.

In a standard auto insurance policy in Ontario, the maximum attendant care benefit that can be paid is up to $3,000 per month if the accident victim sustained a serious, but non-catastrophic injury. If the accident victim did sustain a catastrophic injury, the maximum could be up to $6,000 per month.

It is important to note that any policyholder has the option to purchase additional coverage if needed.

Injury Victims Eligible for These Benefits

You may be eligible to receive attendant care benefits as long as your injuries are deemed non-minor or catastrophic. Minor injuries do not qualify.

To apply for these benefits, a registered nurse or occupational therapist needs to determine if such services are necessary and how much care is required. He or she will need to complete an Assessment of Attendant Care Needs (also known as Form 1), as verification for your insurance company.

Your insurance company will then have 10 business days to respond. If they determine your expenses are reasonable and necessary, payments must be made within 30 days from the date of the invoice.

A Windsor personal injury lawyer from our firm is prepared to guide you through the entire claims process for attendant care benefits. This includes making sure that your injury is well documented by medical records and reports, and that you have followed through with any medical or insurer’s exams.

Witness statements and testimony from those who knew you before and after the accident that could offer details about your abilities may also be collected to help support your need for attendant care.

Time Limit for Attendant Care Benefits

Generally, claims for these benefits must be made to your insurance company within seven days. You need to submit your Application for Accident Benefits within 30 days of when the request was received. Payment will not be issued until Form 1 has been completed and filed with the insurance company.

Schedule a Free Consultation Today

To determine your eligibility for attendant care benefits after being injured in an accident, do not hesitate to contact our lawyers at Greg Monforton & Partners. We have represented many personal injury victims involved in car accidents, bicycle accidents, trucks accidents and more.

Set up a free, no-obligation consultation today. Since our firm works on a contingency fee basis, there are zero upfront costs for our services. We only get paid if we help you obtain the benefits you need.

Trusted. Local. Lawyers. Ph: (866) 320-4770.

driver reporting a car accident in ontarioCar accidents can be very stressful, and depending on the seriousness of the crash, can cause extensive injuries and damages or no significant harm at all. If you have been in a collision, you may be wondering when you should report it. Is there more than one party that needs to be notified?

Greg Monforton & Partners further discuss the legal requirements for reporting a crash in Ontario in order to protect your claim for compensation. Learn more about your rights during a complimentary consultation. You are not obligated after this initial meeting to hire our firm.

Requirements for Reporting a Crash in Ontario

The requirements for reporting a crash is dependent on a number of factors, including the severity of the accident, the extent of injuries suffered, the amount of property damages sustained and more. In some instances, you may be required to notify the police, but it is only legally required in certain situations.

To help avoid any legal issues, it is important for Ontario drivers to know when and how to file a crash report when necessary.

When You Must File a Crash Report

In Ontario, a crash must be reported in any of the following situations:

The law also requires that you notify the police immediately if the accident involved a pedestrian, the other driver is uninsured, or if you suspect that anyone involved is guilty of a criminal act, such as driving under the influence of drugs or alcohol.

Why Even a Minor Crash Should Be Reported

Reporting a crash, even when it is minor, is important to establish proof that the accident happened. A police report could prove helpful as you seek compensation for your injuries and damages. These reports contain information that can be used to determine fault and negotiate a fair settlement.

Failing to report a crash could result in the other driver filing a police report or reporting the accident to his or her insurance company, which in turn could make you look guilty because you failed to act as soon as possible. You may be forced to pay for the other driver’s damages, even if you were not at fault.

Reporting to a Collision Reporting Centre

Not all crashes require a police report to be filed. If no one is injured and the total damages to all vehicles involved appears to be less than $2,000, you have 24 hours to report the accident to a Collision Reporting Centre (CRC).

These centres, located across the province, help to simplify the collision reporting process. Drivers can self-report the crash without guidance from a police officer. Damage to vehicles would also be photographed at a location nearest to you.

For instance, a crash can be reported to the CRC in Windsor (2696 Jefferson Blvd), if the accident occurred within the city limits and both vehicles are from the Essex County area.

It is important to note that any drivers involved are not required to come into a centre together. However, information that should be exchanged and collected before making an appearance include:

Do I Have to Notify the Insurance Company?

Yes, you should notify your insurance company of a crash, regardless of fault and the amount of damages sustained. There are several coverages to your insurance policy that you may want to use. To utilize any of these, you must reach out to your insurer and report any injuries or property damage.

For instance, if your car becomes totaled and you have gap insurance, you could use it to cover the difference between what you owe on your car loan and what your insurance company will help pay for the car. You may have extended liability insurance coverage to help cover medical bills, damage to your car and personal items, or protection in the event you are injured by an uninsured or hit-and-run driver.

Get Answers to Your Legal Questions Today

If you have been involved in a crash, you may be eligible to file a claim against the other driver to pursue compensation for your damages. At Greg Monforton & Partners, we know how to build a strong case for maximum compensation. Our lawyers have successfully recovered $300 million for our clients.

A reputable Windsor car accident lawyer from our firm is here to answer any legal questions you may have after reviewing your situation. We charge nothing up front if we are hired to represent you and no fees unless we help obtain compensation for you.

Available 24/7, day or night. Call (866) 320-4770.