Personal Injury Victims

Car Accident

You've been injured in a car accident...

The aftermath of an auto accident can be confusing. There are insurance companies to deal with, multiple forms to fill out, and important application time limits to respect. We can sort out the details and help you get your life back on track.

Compensation

There are two types of compensation available:

1. Accident Benefits are available to everyone in an accident. These may cover medical rehabilitation (e.g. physiotherapy or medications), income replacement, and attendant care in the case of serious injury.
2. You may also choose to sue the at-fault driver to receive compensation for pain and suffering, loss of income and medical expenses.

What Steps Should I Take To Help My Case?

If you've been injured in an auto accident:

• Contact your insurer immediately (if you have insurance) and keep notes of your conversation.
• Keep all receipts to facilitate recovery of expenses (parking, mileage, meals, etc.).
• Obtain the name and phone number of any witness to the incident.
• Take photographs of your injuries to document their severity, at the time they occurred.
• Keep a health journal listing your symptoms, medical appointments, medications and procedures resulting from your injuries.
• Contact us to discuss what other early actions you should take to protect your interests and develop your case.

Time Limitations

There are strict time restrictions for commencing a lawsuit. If you fail to sue the appropriate party within the limitation period, your claim will likely be barred. To avoid missing an important deadline, contact us as quickly as possible.

You are required to notify the other driver(s) of your intention to sue within 120 days of the accident, however your failure to do so will not bar your right to sue for damages. You are also required to apply for accident benefits before you sue for damages.

Generally, it's necessary to sue the other driver(s) within two years of the accident. This limitation period may be extended under certain special circumstances. We will advise you about the limitation period that applies to your specific case.

What If I Have Insurance But The Other Driver Doesn't?

You can sue your own insurance company for damages if the responsible driver has no insurance, or if you were injured in a hit-and-run. You are insured in these circumstances under the Uninsured Automobile Coverage or the Unidentified Automobile Coverage of the policy, if you have your own automobile insurance, if your spouse has automobile insurance, or if you live as a dependant with your parents and they have insurance. You may also be covered if your employer, your spouse’s employer, or your parents’ employer provides regular use of a vehicle. Most people have insurance limits of $1 million. If you are unsure of your insurance limits, ask your broker.

What If Neither of Us Has Insurance?

As long as you weren't driving while uninsured, you could still sue for damages or receive accident benefits. Your only recourse for recovery is the Motor Vehicles Accident Claims Fund. The MVAC Fund is a government-run program that acts as a safety net for uninsured people who are injured by uninsured drivers, or hit-and-run drivers.

What If I Am At Fault?

Even if you caused the accident, you can still receive accident benefits. Contact us to ensure someone is fighting for you!

62A George St., Toronto, ON Canada
416-955-4800 • info@JellinekLaw.com