The time to sue as a result of injuries caused by a motor vehicle accident is generally within two years following a motor vehicle accident. If one does not bring a lawsuit within this time period then the right to sue is taken away and now the person is left without any recourse and nothing but injuries and monetary losses. However, our law is evolving and changing and there are many exceptions to the rule.
The Supreme Court of Canada in Peixeiro v. Haberman has stated in motor vehicle accidents the two year time limit does not necessarily start running from the day of the accident but rather from the day that the “damages” have crystallized enough to launch a claim. What this means in Ontario is that in order to sue the injuries must be serious and permanent and once you realize this then and only then can you sue.
While following an accident you may know that your injuries are serious you may not be aware that they are permanent. This sometimes occurs a few months down the road. Once the realization has occurred that the injuries are serious and permanent a claim against the driver who caused the accident and the resulting injures must be launched within two years.
We are always on top of the law and ensure that our clients maximize their settlements. Speak to a lawyer to understand your rights.
For more information, visit our accident section.
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