Articles Posted in Car Accident

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As you may know, Goldfinger Injury Lawyers recently expanded our territory, by opening a new office in London, ON. We are located in the heart of downtown London, at 341 Talbot Street, right next to the John Labatt Centre (Go Knights!) and the Farmer’s Market. If you’re ever in town, come by and check out our London office. Some say it’s nicer than our Toronto office, but I’ll let you be the judge of that. By opening our London office, we hope to better serve our clients in Southwestern Ontario. We’ve seen lots of new clients from London, Saint Thomas, Rodney, Bleheim, Oxford, Embro, Thurold, Arva, Drumbo, Blenheim, Chatham, Woodstock, Thames Centre, Ingersoll, Kintore, Thorndale and Tillsonburg. We are proud to serve these under-represented communities and provide these individuals with access to Ontario’s courts and access to justice.

What can I tell you about about practicing in Southwestern Ontario? It snows snows snows out here. And with snow comes slush, ice, poor road conditions and poor visibility. With poor road conditions and poor visibility comes more accidents.

Here are some of the top 5 questions/scenarios we’ve seen or been asked this winter:

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Car Accident Injury more than meets the eye.Ontario has a very complicated accident benefits system for car accidents. Car accident lawyers have to keep up with the changes in the laws, which occur regularly.

If you or a loved one has been hurt or injured in a car accident, you are allowed to claim accident benefits. For some, the most important group of accident benefits are those relating to income, caregiver and non-earner benefits. All of these benefits represent money which is potentially available to you in the event that you are not able to lead a normal life as a result of your car accident.

The thing that insurance companies DO NOT tell you, is that you have the right to chose which benefits you would like. This is called an “election”, and there is a special form that you must complete in order to elect one of these three benefits. If you DO NOT elect one of these three benefits, then the insurance company will pick a benefit for you; and it will likely be a benefit which is advantageous for them, and not for you.

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One of the most important things for an accident victim to understand when pursuing their personal injury case is how the laws of damages apply to their individual case. The laws of damages are very important, because at the end of the day, how damages work has a direct impact on how much compensation an accident victim will receive at the conclusion of their personal injury case.

One of the examples that we use to illustrate the importance of how the laws of damages impact personal injury cases, is providing the example of what if Superman were involved in a car accident?

One nice summer day Superman is crossing the street as a pedestrian on his way to the local library. Suddenly and without warning, a drunk truck driver runs a red light and crashes directly into Superman; while Superman is crossing on a green light in between a cross walk. The accident is clearly not Superman’s fault.

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Car insurance is meant to compensate and protect drivers from any loss or damage arising in the use or operation of a motor vehicle. Typically, if you are an at fault driver in an accident, your car insurance will pick up the bill for the damage which ensued. Driving without insurance or driving an uninsured car is against the law. You will likely be fined for doing this.

But what happens in cases where two cars are involved in an accident and neither car or operators have car insurance? What happens to pedestrians who don’t have a car and don’t have insurance that are hit by cars without insurance? What happens to bicycle riders without car insurance who are struck by cars without car insurance? How do these accident victims get compensation for their injuries if there is no source of insurance to claim from?

The government of Ontario has set aside a fund of money to compensate accident victims without car insurance, who are struck by cars without car insurance. It’s called the Motor Vehicle Accident Claims Fund( http://www.fsco.gov.on.ca/ENGLISH/insurance/auto/mvacf/). It is meant to be a fund of last resort for accident victims who have been victimized by drivers operating their cars without insurance. The Motor Vehicle Accident Claims Fund will compensate accident victims up to $200,000 in tort damages which include pain and suffering. They will also step in as a fund of last resort to pay accident benefits in the event there is no other source of insurance to claim such benefits.

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If you’ve been hurt or injured in a car accident in Ontario; there’s a complicated set of rules that you need to follow if you’re planning on making a claim for your injuries, lost wages, damages for pain & suffering or just getting the insurance company to fix your car. Keep in mind that insurance companies won’t pay for any of these things if you don’t report the accident. So if you plan on collecting from the insurance company, you will need to report the accident to them. If you don’t; you’re risking losing out on valuable benefits described in greater detail below; not to mention any monetary damages which you might be entitled to.

Ontario has what’s called a “no-fault” set of rules for car accidents. What this means is regardless whose fault the accident is, you’re entitled to a wide variety of benefits to assist you when you need it most. These benefits are generally paid for by your own car insurance company. If you didn’t have car insurance at the time of the accident, the Insurance Act provides a series of priority rules to set out who is responsible for paying for your benefits.

The benefits which are paid out under Ontario’s “no-fault” system are called “accident benefits”. Accident benefits are a wide variety of benefits which cover a wide variety of categories. These categories include such things as:

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After you’ve been hurt of injured in an accident, there are a few important things to be certain of:

Consult a lawyer who concentrates in accident claims immediately. There is a limitation period in Ontario to sue. This limitation varies, depending on the facts of your case and the sort of accident. But, generally, you have 2 years to sue from the date of the accident. There are all sorts of other limitation periods which you need to be aware of, which is important to consult a lawyer immediately to ensure that your right to sue is protected.

See your family doctor immediately after the accident. Hospitals generally rush their patients out to make room for more patients because they’re so busy. Sometimes people are discharged from hospitals with poor follow up instructions or improper treatment or medications. See your family doctor. They know you best. If you don’t have a family doctor, ask around.

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Ontario Law requires that all car drivers carry valid automobile insurance. After you or a loved one have been involved in a car accident, you are required to report the accident to your insurance company, or to the insurance company of the driver who hit you, in the event that you were not driving at the time of the accident. In the event that you do not report the accident, you will not be entitled to what are called “accident benefits” and it may effect how much money you can recover if you chose to sue the driver who hit you.

After you’ve reported the accident to the insurance company, they will send you a package of forms. These forms are called “Accident Benefit” forms. These forms can be difficult to understand and to complete, particularly when English is not your first language. If the insurance company does not send you the forms, you can get them online at www.fsco.gov.on.ca.

The form which starts the whole process is called an “OCF-1 Application for Accident Benefits”. This is exactly what it says it is. It’s an application form for accident benefits. You are required to fill out basic information about your name, age, address, how the accident happened, your injuries, details about your employment, and/or childcare requirements. By filling out this form, you are telling your insurance company that you are claiming accident benefits from them.

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