No Fault Insurance Does Not Mean You Cannot Sue

Ontario is a no-fault insurance province.  A lot of people believe this means if they are involved in a car accident, they do not have the right to sue the driver that caused the accident.  This is simply not true.  What no-fault means in Ontario is that your own insurance company will pay your claim and the other driver’s insurance company will pay theirs.

Any damage to your motor vehicle will be paid for by your own insurance company.  Any treatment that you may need as a result of injuries you suffered in the accident get paid by your own insurance company, not the other driver’s.

If any passengers in your vehicle are injured, and he or she has a car insurance policy, that insurance company will pay for their accident benefits.  Accident benefits are benefits you are entitled to after you have been injured in a car accident.  These benefits include income replacement benefits for those who cannot work, non-earner benefits, caregiver benefits, medical and rehabilitation benefits, attendant care benefits and expenses.

If passengers in your vehicle do not have their own insurance policy, they may be able to claim accident benefits under your insurance policy.  It is always best to speak with a lawyer who specializes in personal injury to determine what your rights are and what benefits you are entitled to.  Nyland Personal Injury Law would be happy to answer any questions you may have.