FAQ: I was in a car accident in Peterborough. I fractured my ribs and my wrist. I may need surgery on my wrist. I have never been in a car accident before. I don’t know what I need to do. Should I file a claim with the driver who hit me to pay for my medical bills? Can I sue the driver for my injuries?
Answer: The aftermath of a car accident can be overwhelming and confusing. You should consult with a car accident lawyer in Peterborough to inquire about your legal rights. We always offer free consultations. After reading the answer below, feel free to call our office to schedule a confidential consultation.
Accident Benefits Claim
In terms of your medical bills, you actually file a claim with your own auto insurance company. Ontario operates under a no-fault system. That means regardless of who caused the car accident, your own insurance company covers your medical expenses.
Pursuant to your auto insurance policy, you may receive accident benefits after a car accident. Medical and rehabilitation care benefits are one of those benefits. Medical and rehabilitation care benefits pay for reasonable and necessary medical expenses that are not covered by Ontario Health Insurance Plan (OHIP). Other accident benefits include, but are not limited to, attendant care benefits and income replacement benefits. It is important to note that you do not receive 100% of your lost income. You would only receive a percentage of your lost income.
The amount of medical and rehabilitation care benefits you may receive depends on the severity of your injuries. If you have a minor injury, you can only receive up to $3,500 in medical and rehabilitation care benefits. If your injuries are catastrophic, you may receive up to $1 million for both medical/rehabilitation and attendant care benefits.
Related: Ontario Car Accident & Insurance Law – Statutory Accident Benefits
Tort Claim
In addition to filing an accident benefit claim after your Peterborough car accident, you may also file a tort claim against the at-fault driver. The damages you may be able to recover from a tort claim are medical expenses not covered by accident benefits and OHIP, lost income not covered by accident benefits and pain and suffering damages.
It is important to note that there are also other ways drivers can recover lost income not covered by income replacement benefits. Our experienced car accident and catastrophic injury lawyers can help drivers recover these losses in other ways that may not be apparent to them.
Help After an Ontario Car Accident
Filing accident benefits claims can be very confusing. It is best that you contact an Ontario car accident lawyer who is experienced in handling statutory accident benefits claims to help you. In addition, pursuing a lawsuit against the at-fault driver requires the expertise of a car accident lawyer. Call the lawyers at Bergeron Clifford who will fight to recover the maximum financial compensation you deserve. FREE consultations – 866-384-5886.
