One of the first thoughts in the aftermath of a car crash is often: “Was that my fault?” And then the follow up question is usually: “If I am at fault, what does that mean?”
A person injured in an Ontario motor vehicle accident may be able to receive compensation in several ways. The question of fault for the accident can impact how much an injured person can recover for personal injuries and property damage. In today’s article, we’ll explore how the determination of fault can impact you financially and what to do if liability is disputed.
Barrie car accident lawyer on types of compensation
There are several types of compensation a person may be able to claim after a motor vehicle accident. Here are the main types of auto insurance claims:
Statutory Accident Benefits. A Statutory Accident Benefits claim gives you quick access to coverage for benefits including income replacement if you are missing work because of your injuries, caregiver benefits, and medical benefits (e.g., medication costs, physiotherapy, massage therapy, chiropractic treatment).
Direct Compensation for Property Damage. This covers collision damage to your vehicle. You will receive compensation for repairs, or for a replacement vehicle if repairs aren’t possible.
Third-Party Liability. Also known as a “tort claim” or “personal injury lawsuit,” an injured driver, passenger, cyclists, or pedestrian may be able to sue to receive compensation for injuries caused by someone else’s negligence.
Let’s talk about how the question of fault for the accident can impact each of those claims.
Fault does not impact a Statutory Accident Benefits claim
First, the good news: Statutory Accident Benefits—also called no-fault benefits—are available regardless of who caused the accident. So, if you are injured in a motor vehicle accident, you are entitled to make a no-fault benefits claim even if you were responsible for the crash. In the majority of cases, your own auto insurer pays no-fault benefits. If you do not have insurance, you would have a claim through the driver’s insurance policy or through the insurance policy for any other vehicle involved in the accident. This situation frequently arises if you were a passenger in a vehicle, a pedestrian, or a cyclist.
Pedestrians and cyclists should reach out to a pedestrian accident lawyer or bicycle accident lawyer for guidance and a free case evaluation.
When it comes to a Statutory Accident Benefits claim, it doesn’t matter if you were 100% at fault or 0% at fault for the accident that caused your injuries; the insurance company is obligated to pay certain benefits as long as you qualify.
Now, the more difficult news: the determination of fault has a significant impact on property damage and third-party liability claims.
Fault determinations and property damage claims
Vehicle damage claims are brought to your own auto insurer. The insurance company relies on the Fault Determination Rules set out under Ontario’s Insurance Act to decide fault for the collision. Unless you have optional collision coverage, the compensation you receive for damage to your vehicle will be reduced by any percentage of fault assigned to you.
For example, if your auto insurer finds you 25% at fault, you will recover 75% of your losses for vehicle damage, less the deductible. If you are found to be 50% or more at-fault, there is a good chance your insurance premium will increase the next time you renew your policy.
Fault plays a crucial role in third-party liability claims
In a third-party liability lawsuit, you can get compensation for losses and damages that aren’t covered by a Statutory Accident Benefits claim. Pain and suffering, loss of enjoyment of life, future care expenses, and future wage losses are all types of damages you can’t get in a no-fault accident benefits claim, but you can get in a successful personal injury lawsuit. A successful third-party liability claim is paid out by the other party’s insurance company (assuming they had valid auto insurance in place when the accident occurred).
Determination of fault is a major component of a personal injury lawsuit. You will only recover damages in a personal injury lawsuit if someone else is found to be wholly or partially at fault for the motor vehicle accident. For example, if you are found to be 15% at fault for the accident because you were speeding, you will recover 85% of the assessed damages. No compensation will be paid out in your tort claim if liability is disputed and you’re ultimately found to be 100% at fault.
What to do when liability is disputed
An unfavourable liability determination will greatly affect your rights and entitlement to financial compensation. You don’t have to accept what the insurance company or other driver says. If liability is disputed, consult with a Barrie car accident lawyer right away. We can provide you with a liability assessment and help gather evidence to prove fault, including eyewitness statements, surveillance footage, and crash scene analysis.
Our accident lawyers can also collect evidence and build legal arguments to rebut defences raised by the other driver. No compensation will be paid out in your tort claim unless and until liability has been determined, whether it’s by way of direct negotiation with the defendant and their insurer, mediation, or a trial if settlement of the liability dispute is not possible.
Get advice from a Motorcycle, Car, Bicycle and Truck Accident Lawyer
Barrie motor vehicle accident lawyers at Littlejohn Barristers are here to help if you have been injured in a car, truck, cycling, or pedestrian accident. We are a dedicated team of legal professionals with over 30 years of combined experience.
We will explain your legal rights and all the types of compensation you can claim. We can provide you with a liability assessment, gather evidence to strengthen your claim, and advocate on your behalf—including taking your case to trial—to ensure you get the compensation you deserve.
Contact us today at 705-725-7355 to set up a free, no obligation consultation with a Barrie car accident lawyer. Collingwood, Midland, Orillia, and Innisfil clients are also served from our Barrie office.