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The Ins and Outs of Ontario Motor Vehicle Accident Law


— April 28, 2023

By knowing your rights and following the appropriate procedures, you can ensure that you receive fair compensation if you are injured in a motor vehicle accident in Ontario.


Ontario’s motor vehicle accident law is designed to protect drivers, passengers, pedestrians, and other road users injured in a motor vehicle accident. 

The law covers various aspects of accidents, including compensation, insurance, and legal procedures. This article aims to provide an overview of Ontario’s motor vehicle accident law, its key components, and the procedures involved.

Compensation for Motor Vehicle Accidents in Ontario

Ontario’s no-fault insurance system ensures that anyone injured in a motor vehicle accident can receive compensation regardless of who is at fault. The compensation may cover medical expenses, income replacement, and other expenses related to the accident.

To be eligible for compensation, you must file a claim with your insurance company within seven days of the accident. If you are unable to file the claim yourself, someone else can file it on your behalf.

If you are injured in a motor vehicle accident caused by someone else, you may also be eligible to file a claim against the at-fault driver’s insurance company. The compensation you receive will depend on the severity of your injuries and other factors.

Ontario’s motor vehicle accident law also allows you to file a lawsuit against the at-fault driver if you suffer permanent and serious impairment or if you exceed a certain threshold for medical expenses and other damages. In such cases, you may be entitled to compensation for pain and suffering, loss of income, and other damages.

Insurance Requirements for Ontario Drivers

All Ontario drivers must have auto insurance covering them in case of an accident. The minimum insurance coverage required by law is third-party liability insurance, which covers you if you are found to be at fault in an accident that causes injuries or damages to other people or property.

Other types of insurance coverage available in Ontario include collision and comprehensive coverage, which cover damages to your vehicle in case of an accident, theft, or other incidents.

In addition to these mandatory insurance coverages, Ontario drivers can also opt for additional coverage options, such as accident benefits, which provide additional compensation in case of injury, and roadside assistance, which covers emergency services like towing and battery boosts.

Legal Procedures for Motor Vehicle Accident Cases in Ontario

If you are injured in a motor vehicle accident in Ontario, you must follow certain legal procedures to receive compensation. These procedures may include filing an accident report, obtaining medical treatment, and filing a claim with your insurance company.

If you are dissatisfied with the compensation offered by your insurance company or the at-fault driver’s insurance company, you may be able to file a lawsuit against them. In such cases, you may need to hire a lawyer who is familiar with Ontario’s motor vehicle accident law. You can contact Preszler Law for legal representation in your case.

Ontario has a two-year limitation period for filing a lawsuit related to a motor vehicle accident. This means that you must file your lawsuit within two years of the accident date or risk losing your right to do so.

Protecting Your Rights in Ontario’s Motor Vehicle Accident Law

Protecting your rights and ensuring that you receive fair compensation is important in any car accident. The following are some tips to help you protect your rights in Ontario’s motor vehicle accident law:

Police officer leaning in window of car after accident; image by Matt Chesin, via Unsplash.com.
Image by Matt Chesin, via Unsplash.com.
  • Report the accident: If you are involved in a motor vehicle accident, report it to the police and your insurance company as soon as possible. This will help establish a record of the accident and ensure that you are eligible for compensation.
  • Obtain medical treatment: Seek medical treatment as soon as possible after the accident, even if you do not feel any immediate pain or symptoms. This will help establish the extent of your injuries and ensure that you receive appropriate compensation.
  • Keep records: Keep detailed records of all expenses related to the accident, including medical bills, lost income, and any other expenses incurred as a result of the accident. These records will help support your claim for compensation.
  • Seek legal advice: If you are unsure about your rights or how to proceed with your claim, consider seeking legal advice from a lawyer who is familiar with Ontario’s motor vehicle accident law. They can guide you through the process and ensure that you receive fair compensation.

Ontario’s motor vehicle accident law is designed to protect those injured in road accidents. It provides compensation through a no-fault insurance system, mandatory insurance requirements for drivers, and legal procedures for filing claims and lawsuits. 

By knowing your rights and following the appropriate procedures, you can ensure that you receive fair compensation if you are injured in a motor vehicle accident in Ontario.

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