Recovery in Snowmobiling Accidents

While the winter months are dreaded by many drivers, this time of the year brings much excitement for those winter-loving snowmobilers who are anxious to hit the trails. Unfortunately, snowmobiling can be a risky activity and thousands of Canadians are seriously injured from snowmobile accidents each year.

What happens if you are injured in a snowmobiling accident? In Ontario, the compensation available to persons injured in a snowmobiling accident is similar to that which would be available if you were injured in a motor vehicle accident, as snowmobiling is governed by similar laws as any motorized vehicle. Thus, whether you are at fault or not at fault for injuries obtained in a snowmobiling accident, you may be entitled to receive various types of compensation. It’s a good idea to speak with a lawyer, such as a tort claims lawyer, to see what you are entitled to. Generally, an operator or passenger of a snowmobile is entitled to claim damages and losses as a result of injuries or death caused from a snowmobiling accident.

The Motorized Snow vehicles Act, R.S.O. 1990, c. C. 25, (the “MSVA”), regulates the operation of motorized snow vehicles, including snowmobiles. Pursuant to the MSVA, a snowmobile is required to be insured under an automobile insurance policy unless the vehicle is operated on property that is occupied by the owner of the vehicle. The Ontario Insurance Act defines “automobile” as either (a) a motor vehicle required under any Act to be insured under a motor vehicle liability policy, or (b) a vehicle prescribed by regulation to be an automobile. Accordingly, when snowmobiles are operated on property not occupied by the owner at the time of an accident, they are considered “automobiles” for which insurance coverage resulting from an accident may be available under the individual’s own automobile insurance policy, including statutory accident benefits, third-party liability and underinsured coverage.

Accident benefits under a person’s automobile insurance policy could provide an injured person and their family compensation for income loss as well medical, rehabilitation, housekeeping and maintenance expenses which have resulted from the accident.

If no insurance coverage is available, the injured person may seek recovery from the Ontario Motor Vehicle Accident Claims Fund (MVACF) as a last resort. The MVACF provides compensation to those injured in automobile accidents when no automobile insurance exists to make a claim. The MVACF provides statutory accident benefits directly to injured persons involved in an automobile accident or to allow injured persons to recover from owners and drivers of uninsured vehicles.

If you are not at fault for injuries or losses resulting from a snowmobiling accident you may also be entitled to commence a tort claim against the person responsible to recover compensation. Under the Insurance Act, an automobile insurance policy provides liability coverage to a named insured and every other person, who, with the named insured’s consent, drives or is an occupant of an automobile owned by the named insured or named in the policy when the use or operation of the automobile results in loss or damage to others. The compensation paid under a tort claim is usually paid by the responsible person’s insurer.

One important issue to keep in mind when qualifying for accident benefits and when commencing a tort claim for compensation is whether the injuries directly arose from the ownership, use, or operation of the snowmobile. Recovering compensation for injuries related to a snowmobiling accident involves complicated proceedings in which extensive knowledge and experience with insurance laws and regulations are required. There are also strict timelines in which an injured person must apply for accident benefits under an insurance policy. The insurance and accident lawyers at Himelfarb Proszanski can assist you in the recovery process if you have been involved in a snowmobiling accident. Furthermore, our lawyers can assist you in assessing liability to determine whether you are able to commence a tort claim for your losses.