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Third Party Negligence: How to Build a Strong Case in Ontario?

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Third Party Negligence: How to Build a Strong Case in Ontario?

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.
third party negligence

If you have insurance, you probably expect your insurer to take care of anything that might come up after a car accident. Unfortunately, insurance policies are complicated documents with a variety of limits and loopholes. It’s not uncommon for a large part of your damages stemming from a car accident to not be covered by your carrier. But if you were injured due to the negligence of another driver, you may have a valid third-party negligence claim that you can pursue. And your best bet for recovery is if the other driver is covered by what’s known as third party insurance.

First Party Claim vs. Third Party Claim

Generally speaking, there are two different types of insurance. First party insurance is an insurance policy you purchase with the intent of covering your own losses. When you file a claim with your own insurance, you are making a first party insurance claim. Third party insurance is designed to cover the damages you caused to someone else. If you are at fault in an accident and strike another vehicle, you would file a third-party insurance claim.

In the example described above, you may consider a third-party negligence lawsuit against the person responsible for your accident if your first party insurance claim does not cover your full amount of damages.

Mandatory Third-Party Liability Coverage

The Province of Ontario has a large number of insurance requirements drivers must meet in order to lawfully operate a motor vehicle. One of those requirements is for drivers to carry a minimum amount of third-party liability coverage on their insurance policy. Under current law, you must carry at least $200,000 in order to comply.

Making a Strong Third-Party Negligence Case

While every car accident is different, there are a few useful tips that can strengthen any third-party claim. The first thing you will need to do is investigate your collision and gather evidence. This may be necessary before you even leave the scene of the accident, as it is critical to document everything. That means taking photos of the scene and making notes of anything the other driver says or does.

The most important step in the process is to get capable legal help. It is difficult to build a third-party negligence case on your own, and an experienced hand will be valuable at every stage of the process. With capable legal help, you stand a much better chance of building a winning third-party negligence case.

To get the most out of your claim, you will want to limit any self-inflicted damage. One of the ways that you can harm your own case is through communication with insurance companies. It’s no surprise that the other driver’s insurance company isn’t on your side. But the reality of the situation is that your own insurance company is looking out for themselves first, too. That’s why you should never agree to give a statement to the other driver’s carrier and be very careful in your dealings with your own insurance.

If you are considering a 3rd party negligence claim, it is because you were injured want compensation. But in order to prove the damages, you are seeking; you will need to document your treatment as soon as possible. For your injuries as well as your pain and suffering, you will want as much medical documentation as you can get. This can include everything from hospital bills to medical records to injury photographs. You will also want to keep a diary tracking your pain and other symptoms.

By following the suggestions above, you will likely be in the strongest position possible to recover on your damages claim. This can be a difficult and confusing time. An experienced accident lawyer will help you navigate through this process.

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.

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Sherene AlySherene 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.
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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
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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 SritharanNeeshanth 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 HamidFaiza 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 FurtadoBrenda 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!
ShaunaShauna
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 CoutoAndrew 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 RegazziRose 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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