Category: MOTOR VEHICLE ACCIDENTS

Before the date of a trial, the plaintiff must appear at a deposition. During that deposition, the attorney for the defendant can ask the defendant any question that might shed light on the degree to which the plaintiff’s injury has affected his or her earning power and lifestyle. The lawyer for the plaintiff can guess at many of those same questions, and can prepare his or her client for the coming deposition. (more…)

There is a problem with too many drivers driving distracted in Canada. The Canadian Auto Association (CAA) says that’s more than 60 percent of almost crashes are caused by some form of driver inattention. Distracted driving is responsible for 80 percent of collisions, according to CAA. (more…)

A common question put forward to personal injury lawyers in Ontario is: Who is responsible for the costs of treatment after a car accident injury in the province? People want to know if their expenses will be covered and if they need to worry about the costs associated with getting better. Individuals are interested in knowing how the priority payments work for these treatment costs in relation to an injury connected with a vehicle accident. (more…)

Truck accidents are definitely rather devastating. Obviously, the reasons for this hide behind the magnitude of accident and the consequences that usually follow. This is why we are going to review the most common causes of truck accidents. (more…)

Not every accident will leave their victims with permanent catastrophic injuries. Some injuries can get better sooner than others and the more serious injuries could take years. While you are recovering from your injuries, it’s not uncommon to see and feel improvement as well as regression. Continuing to follow doctor’s orders will help you stay in improvement mode. Improvements can be seen and felt as you go through rehabilitation. Regression is possible when injuries are not what they are being treated as due to partial diagnosis or the injury still needs more time. (more…)

You were just involved in a motor vehicle accident and the one that hit you did not have any insurance coverage. What do you? What will happen now? Will you get any medical care assistance? What about the income you will lose because you can’t work? Do you qualify for any benefits to help out? (more…)

When you are involved in a car accident, there is a myriad of considerations which would be accounted for throughout the entire process. This is definitely something that you need to take into serious account. The truth is that handling the insurance claims afterwards or going for a potential court claim is a challenging undertaking and you’d have to be aware of a range of different things. For instance, fault is going to be allocated towards each of the parties involved in the accident and this alone is going to have a very serious effect on the outcome. (more…)

There are quite a lot of things that you might want to consider, if you’ve been involved in a car accident. As a matter of fact, there are a few critical steps that would guarantee you get the remedies that you deserve, without any issues or at least, without the excessive hurdles which are usually accompanying such situations. (more…)

You’ve undoubtedly heard this term before when an insurance adjuster mentioned that the car is totaled. Being involved in a car accident is something which is going to cause quite a lot of different damages, some of which are caused to you while others – to your car and the cars of everyone who was involved. (more…)

Car accidents are undoubtedly challenging to deal with and they are also quite common. As unfortunate as it may sound, one of the key issues when it comes to dealing with them is determining the driver which was at fault. However, it is also true that this doesn’t have a significant impact on the compensation claim as there is one very particular and special rule in Canada and especially in Ontario.

How is fault assigned and why doesn’t this matter that much?

Unlike the legislation in a few states, in Canada, there is the “no fault” rule which is prevailing and it sets forth a completely different cause of action. In the states, or at least in some of them, it is very important to determine the fault as this is the main and key consideration which would determine the overall distribution of the burden to repay damages. However, this is totally not the case in Canada.

Rules of Fault Determination

The first thing that you need to understand is that the legislation which governs these types of cases is set forth in the Insurance Act of Ontario. There is a very special section in it which is called the Rules of Fault Determination. Amongst them, the no fault rule is one of the most important to consider. With this in mind, this particular rule states that regardless who is at fault, you need to ensure that you file your claim with your own insurance company. This is particularly important and it gets rid of the necessity to start an investigation and waste time. Insurance is mandatory in Canada so you can claim damages under it with your own insurance provider.

This is quite convenient and it is definitely something that you want to take into consideration when it comes to it. Of course, this doesn’t mean that fault isn’t assigned. As a matter of fact, in the majority of the situations, the insurance company is going to go ahead and conduct its own investigation and allocate the necessary amount of fault. This is important as it is going to impact the overall amount of the premiums to the faulty driver. However, as per the negotiations, the insurance company is going to try and lower the amount of compensation due.

All in all, this shouldn’t make you feel more comfortable. Even though the whole thing is intended to spare time and effort of the victim, the procedure is also quite challenging. This is the main reason for which you want to consider getting a personal injury lawyer to help you out if you have been injured or involved in a car accident. This is going to ensure that the lawyers will ensure that they handle it properly. You will get the compensation you are entitled to as expert lawyers with a successful closures in similar accidents can be of assistance.