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Car Accident Claim in the Ontario No-Fault Auto Insurance System

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Car Accident Claim in the Ontario No-Fault Auto Insurance System

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
car accident claim Himelfarb Proszanski

If you have been involved in a car accident and have suffered injuries you may have access to benefits to help you manage the fallout of your pain and suffering. The province of Ontario has a no-fault auto insurance system. This means that if you are injured in an accident regardless of if you were at fault or not, you can receive compensation for your pain and suffering, lost income, assistance with rehabilitation therapy, and even help with taking care of your household and loved ones if you cannot do so because of your injuries. Before you think about settling a car accident claim you need to first understand the types of claims you may be eligible to file.

There are three main types of claims people who have been involved in a car accident have available to them depending on their individual circumstance:

Accident Benefits Claims

Accident benefits claims (AB claims) are awarded irrespective of who was at fault for the accident. There are many types of compensation available in AB claims including income replacement benefits, medical/rehabilitation benefits, non-earner benefits, caregiving benefits, death and funeral benefits, and attendant care benefits. Filing AB claims are time-intensive and require completion of numerous forms within strict time deadlines. There are also threshold issues in AB claims that can restrict your entitlement to compensation or expand your entitlement. These thresholds are dependent on your degree of injury whether your injuries are minor, non-minor, or catastrophic. The auto insurance company against whom you are filing the AB claims will respond to your claim.

In order to ensure you recover all benefits you are entitled to, we recommend you seek out legal advice.

Tort Claims

If you were not at fault for the accident, you may be able to file a claim against the person who was at fault for the accident and recover compensation for your injuries. Tort claims can yield compensation for a variety of types of damages including medical and rehabilitation therapy expenses, lost income, disability, disfigurement, pain and suffering, mental distress, how your injuries have impacted your relationships, the expenses you have endured to hire people to assist you with your home, and any decreased ability to work as a result of the accident.

Tort claims, however, are also subject to a deductible in the range of a little less than $40,000 which means, you must consider this when negotiating a settlement. When a claim is filed the insurance company of the at-fault person or entity will respond to your claim. We recommend you seek out legal representation to assist you in this process given that insurance companies are sophisticated entities whose goals are to pay as little as possible to any claimant.

Disability Benefit Claims

If your injuries render you disabled and unable to work, you may also need to start a claim for disability benefits as well, arising from the injuries you received from the car accident.

How much you obtain in compensation and the type of compensation you receive from a settlement for any of the claims listed above is dependent on which of the claims you file, who was at fault, and your injuries and extent of impairment.

Negotiating a car accident settlement involves quite a bit of work on your part, patience, and knowledge. We recommend you hire a lawyer to assist you and layout a plan to maximize your compensation.

Car Accident Claim

Making a car accident claim requires that the following be done:

  • Determine who was a fault and if more than one person/entity is at fault determine the percentage of fault for each at-fault party
  • Document your injuries, seek out the appropriate medical care, obtain supporting documentation for your injuries from all your health care providers
  • Understand what heads of compensation you are entitled to by reviewing your car insurance policies or the policies you are making an AB claim under
  • Review past injury cases that have been decided in Ontario to see how to value your damages, where do you stand, and what your first offer should be
  • Consider if your claim is subject to a deductible (tort claims for motor vehicle accidents are subject to a deductible), and factor this into your settlement offer
  • Present a maximum recovery offer and ascertain what range of counter-offer you are willing to accept
  • Don’t accept an offer if it is too low (remember insurance companies want to pay as little as they can to close your claim)
  • Know the law so you know the extent of your entitlement and prepare for court if the insurance company is not negotiating with you fairly

Get Help

If the insurance company is not willing to work with you to fairly resolve your matter, a court may be your only option. Personal injury law can be a complex field to navigate alone, a lawyer will ensure you move through the process swiftly and effectively.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

OUR CLIENTS

What They Say About Us

Sherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
T T
17:46 16 Feb 24
Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
Liz
22:43 18 Jan 24
I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
Neeshanth Sritharan
21:49 01 Jan 24
My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza Hamid
01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
Brenda Furtado
23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
Shauna
15:52 06 Dec 23
We are so happy that we had David and his team represent us. We couldn't have asked for a better team. Not only is David incredibly skilled and experienced, he is kind and compassionate and it is clear how much he cares for his clients. Megan was also absolutely amazing to work with and was always on top of everything and there to answer any questions we had! Thank you!
Andrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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HIMPRO BY HIMELFARB PROSZANSKI LLP

HIMPRO is a leading law firm with full service personal injury and disability insurance lawyers. We have been recognized by Best Lawyers and assigned the highest rating, AV Preeminent, from Martindale-Hubbell. We provide a combined century of trial experience which has led to the successful settlement of over 10,000 cases with combined settlement value in excess of 3/4 billion dollars. Our mission is to win your case. At HIMPRO by Himelfarb Proszanski we build winning cases. That’s the HIMPRO Advantage™.

LOCATION

Toronto Disability Lawyers
480 University Ave
Suite 1401
Toronto ON
M5G 1V2
(416) 599-8080

Brampton Disability Lawyers
2 County Ct Blvd
Suite 400
Brampton ON
L6W 3W8
(905) 595-6760

Hamilton Disability Lawyers
1 Hunter St E
Ground Floor
Hamilton ON
L8N 3W1
(905) 777-8002

Kitchener Disability Lawyers
22 Frederick St
7th Floor
Kitchener ON
N2H 6M6
(519) 772-7659

Oshawa Disability Lawyers
21 Simcoe St S
Oshawa ON
L1H 4G1
(289) 634-5554

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