Cyclists are treated like motorists when it comes to the rules of the road. They are expected to obey all rules involving traffic signals and pedestrian walkways. However, they are not required to carry insurance. This doesn’t mean that they do not have benefits available to them should the situation arise that requires such things. Most often when cyclists are involved in a traffic accident is because of the fault of a motorist. Perhaps the motorist did not see the oncoming bicycle because they were in their blind spot. Most accidents involving bicycle versus car is because a motorist opened the door on an oncoming cyclist. But, accidents do occur where the cyclist is hit by the car. Read More
Category: Motor Vehicle Accidents
Do Rules of Fault Determination Affect Accident Benefits And Insurance Claims?
If you have been injured in a pedestrian, cycling, motor vehicle or just about any accident out there, you are capable and entitled to filing for Ontario Accident Benefits with the insurance company, regardless of whether you are at fault or not. This is due to the fact that there is the so-called “No fault” rule which is set forth in the “Rules of Fault Determination” in the Insurance Act of Ontario. If you plan on going after the other driver for your pain and suffering compensation or for any other expenses out there, you must file your claim through your own insurance company first. Read More
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.
Why Are Victims Liable To Collect Non-Pecuniary Damages?
Almost all injury lawyers are going to be dealing with cases of vehicular accidents. It’s important to understand the exact purpose of this type of law. As per regulations, the intention behind personal injury compensatory claims is to reimburse the victim for the expenses that he has done consequently to the accident. He is also entitled to seek non-pecuniary damages which are most commonly understood as pain and suffering pursuant to the accident. However, there are different things that have to be considered when determining the exact amount of these compensatory claims. Your injuries are stated to include physical injuries and mental trauma.
Filing for compensation
If your claim is the result of a motor vehicle accident, in order to succeed with the filing for pain and suffering your damages must meet special requirements. Amongst injury lawyers, this term is generally referred to as a “threshold”. The main thing here is that if at any point of the trial the court finds that your particular injuries are not as per the threshold you won’t be entitled to compensatory damages for your pain and suffering. However, in order for you to pass this limit, the injuries which have been sustained in the exact vehicle accident should have resulted in some of the following:
– Permanent or incredibly serious disfigurement which is most commonly a scar on a visible body part or a lost limb;
– Permanent or incredibly serious impairment of a mental, psychological or physical quality such as the ability to speak or see;
You won’t be entitled to file for pain and suffering unless you meet some of those requirements. Serious and grievous injuries that can alter the course of life are considered. However, there are also some other certain factors that your Injury Lawyer in Oakville should take into proper consideration as they are part of the Ontario legislation regarding personal injury.
It’s important to know that you may be entitled to file for compensatory damages which have resulted in a reduction of your salary. This is generally characterized as a loss of the capacity to earn money. Most commonly a certain type of worker who has gone through an accident won’t be able to exercise the exact working activities that he used to and this would result in a significant reduction of his salary. The difference between what you were earning and what you are going to be earning is your cause for compensatory damages. The threshold does not apply in these cases.
However, your injury lawyer in Oakvilleshould also inform you that as per statutory provisions you won’t be able to receive more than 80% of your net loss of the income. You can receive a 100% of your gross loss after the trial is through but not any sooner than that.