Frequently Asked Questions

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Frequently Asked Questions

If you don’t see your question below or you feel you need more information, please contact us at 1.844.690.2929 or email us at

When can I sue the at fault driver?

The no-fault insurance scheme can be very confusing. Many people believe that they do not have a right to sue for damages because of the no-fault insurance scheme. This is not true. No-fault insurance means that you must apply to your own insurance company for accident benefits, not to the at fault driver’s insurance company.

You can sue the at fault driver whenever you have been injured in a car accident in Ontario or when a family member has been injured or killed. Even if you are partially at fault, you can still sue.

Do I have to sue within a certain timeframe?

A person generally has two years from the date of the accident to sue the other driver.  However, this limitation period may be extended depending on the facts of your case.

What if the other driver has no insurance or fled the scene of the accident?

These are circumstances where you would sue your own insurance company.  You are insured under the Uninsured Automobile Coverage of your insurance policy.  You should contact a lawyer who specializes in personal injury to get a comprehensive overview of your rights.

What can I recover in a lawsuit?

An injured person can recover damages to compensate him or her for pain, suffering and loss of enjoyment of life.  You can also recover damages for loss of income, loss of earning capacity and for health care expenses.  Family members can recover damages if they have lost a family member’s care, guidance and companionship.

Each case has different facts with different outcomes.  It is important to speak with an experienced lawyer who specializes in personal injury to understand what you are entitled to under the law.

What are accident benefits?

Accident benefits are benefits available to you through your own insurance company. Once your insurance company is advised that you have been injured as a result of a motor vehicle accident, they will send you an Application for Accident Benefits along with many other forms.  These forms can be complex and we would be happy to assist you in filling out these forms and submitting them to your insurance company on your behalf.

Can I get accident benefits?

Yes, you can.  Anyone injured in a car accident can receive accident benefits, even if you were responsible for the accident.

What benefits could I be entitled to?

You could be eligible for:

  • Income replacement benefits
  • Non-earner benefits
  • Lost-education benefits
  • Medical rehabilitation benefits

You may have purchased optional benefits through your insurance company. If so, please advise your personal injury lawyer so that you obtain all of the benefits that you are entitled to.

What if my insurance company refuses to pay or stops paying a benefit?

The Licence Appeal Tribunal (LAT) is an independent, quasi-judicial agency which adjudicates applications.  It has two main divisions: the General Service (GS) and the Automobile Accident Benefits Service (AABS). You can apply to the AABS if there is a disagreement about your entitlement to accident benefits or the amount of benefits that should be paid.  If this happens to you, please contact Nyland Law at (905) 690-2929.