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Personal Injury

I was at fault, but injured — do I have any remedies?

By Salvatore Shaw and Bryan Sansom, articling student

If you have suffered injuries or losses in a motor vehicle accident for which you may be at fault, you may still be entitled to compensation.

A person injured in an automobile accident in Ontario is potentially entitled to receive compensation through two different streams. One is through a negligence claim for damages and the other is through a claim for Statutory Accident Benefits, sometimes referred to as no-fault benefits.

Statutory Accident Benefits

A person injured in a motor vehicle accident in Ontario is entitled to pursue statutory accident benefits pursuant to the Statutory Accident Benefits Schedule (SABS). These benefits are mandatory in Ontario and are automatically provided under every motor vehicle liability insurance policy. Even if you did not have an automobile insurance policy, you are still entitled to make a claim for these benefits.

Your entitlement to accident benefits does not depend on fault. This means that even if you are 100 per cent responsible for an accident involving a motor vehicle, you are still entitled to seek assistance through accident benefits. The scope of benefits provided to an accident benefits claimant depends on the severity of the injuries and the level of impairment. The benefits potentially available to an injured person are set out in the SABS, and include:

  • Income replacement benefits
  • Non-earner benefits
  • Caregiver benefits
  • Medical and rehabilitation benefits
  • Attendant care benefits
  • Case management
  • Expenses of visitors
  • Housekeeping and home maintenance

Read More at McLeish Orlando LLP Blog

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