CanLaw - personal injury law

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Motor Vehicle Accidents
Motor Vehicle accident compensation rules vary considerably across Canada. Consult a lawyer in you own province if you have been injured. CanLaw does not offer legal advice. This material is general information only and not to be relied on for legal action.

 

INJURED? You have to notify the responsible parties that you will file a claim within strict time limits, usually days . Failure to meet those limits could cost you the right to claim.

You can claim from your insurer and from the person responsible for the collision.

If you are injured in a motor vehicle accident there are about 6 areas in which you can seek compensation:

  • Medical care and Rehabilitation: General damages for pain and suffering and loss of enjoyment of life

  • Income replacement: Loss of income, both past and future

  • Future care expenses

  • Attendant Care Benefits: Housekeeping and home maintenance/handyman expenses

  • Other out-of-pocket expenses

  • Death benefits

  • Claims for your family members for Loss of care, guidance and companionship

   

Compensation Can Come from these areas:
No Fault Provinces Accident Benefits
    These benefits are generally available to anyone who is injured in a car accident regardless of who caused the accident.

  • Income replacement benefits: for people who were employed at the time of an accident and have not been able to return to their job

  • Non-earner benefits: for those who were unemployed at the time of the accident.

  • Caregiver benefits: for those who were caring for a disabled family member or a child under the age of 16 and can no longer do so.

  • Medical and rehabilitation benefits: for various medical treatment required as a result of the accident

  • Attendant care benefits: for those who require personal care and/or an attendant

  • Housekeeping and home maintenance benefits: for those who cannot complete their household chores

  • Funeral and death benefits

  • Visitor Benefits

Insurance Claims:
You may be entitled to receive benefits from a Short Term Disability or Long Term Disability plan.

You may also be entitled to compensation through the Canada Pension Plan Disability Plan.

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