Rules of Fault Determination in Car accidents

Now, it’s worth noting that the majority of registered vehicle related injuries in Ontario are all associated with car accidents. This is the most common type of motor vehicle accident, regardless of how many people like to ride a motorbike. In fact, the comparison could be driven even further to determine that car accidents are responsible for more deaths than any other type of transport accident. That’s right – you are much more likely to be involved in a car accident than any other type of transportation device which shatters the common fear of flights, for instance.

There are a lot of orthopedic injuries which are likely to be the result of a car crash. Broken bones, torn ligaments, traumatic brain injuries and many more alike are just on the tip of the toe. However, what’s more traumatic is the suffering related with this particular type of accident. This is one of the most horrific incidents that one could be involved in and it leaves people mentally damaged for life. Some of them can’t travel in a car for a long time without constantly looking over their shoulders. That’s why the regulations set forth by the province of Ontario provide according compensation possibilities for those who’ve suffered traumatic injuries as a result of a car accident.

The province of Ontario is subjected to the Rules of Fault Determination which are set forth by the Insurance Act. These provisions are specifically enacted in order to provide swift reparation of damages – both inflicted to your property or to you bodily. However, when it comes to significant injuries which cause terrible damages, the victim is provided with the chance to file a civil lawsuit against the driver at fault in order to claim compensation over that which is offered by the insurance company as a result of the application of the Rules of Fault Determination.

However, it’s important to note that as per the current legislation of Ontario, if the claimant is awarded with compensation above that provided by the insurance company, there’s going to be a $30,000 deductible from the amount. In any case, the compensation is awarded by the judge and he is the one who should determine the presence of pain and suffering. He’s also the one who’s going to determine the specific amount that corresponds to this pain and suffering.

In any case, there isn’t a universal formula and two identical cases might end with different compensation. The choice is left to the judge and he’s got the final word for it. Of course, the overall conduct of the victim as well as the representation provided by his personal injury lawyer is going to have a great impact on the decision. You might want to discuss the details of this Act with your lawyer to understand more about how it can benefit you in your current situation.

 

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