Automobile Accidents: 2 Sources of Compensation


If you have been involved and hurt in a car accident, you know that the consequences can be life-changing and at times, debilitating. Ontario has a no-fault insurance system for motorcycle and automobile accidents. This allows you to obtain accident benefits regardless of who is at fault. In addition, an injured person in Ontario may also obtain compensation from the at-fault driver’s insurance company.


If you are injured as a result of motorcycle or car accident in Ontario, you may be entitled to compensation from two of these sources:


Accident Benefits – This comes from your own automobile insurance policy or the other involved vehicle’s insurance.

Tort Claim – This is against the at-fault driver for compensation. This includes damages that are not available through accident benefits including pain and suffering.


Ontario Accident Benefits

Accident benefits are benefits made available to anyone involved in an Ontario motor vehicle accident irrespective of fault. These benefits are available under the Ontario auto insurance policy. Accident benefits may pay for the following:

  • Medical and Rehabilitation

  • Housekeeping

  • Attendant Care

  • Income Replacement

  • Death Benefits


Before one can obtain Ontario accident benefits, however, a number of documents and applications are required to be filled out and provided to the insurance company. This scheme, however, is complex as there are continuing obligations and deadlines involved for filing and providing necessary information. It is strongly recommended to work with experienced lawyers. They will assist you with your benefits application in order to ensure that you will receive the rightful accident benefits.


Ontario Tort Claim

A tort claim generally consists of two parts: liability and damages. For this article, we will focus on the second part of the tort claim – damages in a motor accident claim. There are two distinct types of damages in personal injury accidents:


  1. General damages – pain and suffering

  2. Special damages


In order to recover claims for one’s pain and suffering resulting from a motor vehicle accident, injuries sustained must meet a certain minimum threshold. In the Insurance Act of Ontario, the threshold is defined as a ‘permanent and serious impairment of an important bodily function that is physical, psychological or mental in nature’.


Special damages include lost income and other out-of-pocket expenses such as medical and housekeeping expenses following a motor vehicle accident. A plaintiff can recover damages for loss of income and medical expenses in his tort claim even if his pain and suffering do not meet the threshold.


For experienced personal injury lawyers who can assist you with your automobile accident, please contact us at 1.855.905.9222 for a free consultation.