Ontario has a no-fault insurance system. What does this mean?
No-fault insurance does not mean that when an accident takes place no-one is legally at fault. In every claim situation, the insurance company will investigate and determine who is at fault according to a set of fault determination rules. (link could be inserted here). Fault can be assigned from anywhere between 0 to 100% depending on the circumstances. If you are found to be at least 1 % responsible , you may have the accident placed on your insurance record and face increased premiums. If you are not at fault, your insurance premiums should not be affected.
Regardless of who is determined to be at fault, your own insurance company will handle your accident benefits claim. Further accident benefits (including medical, rehabilitation, attendant care, caregiving and income replacement) are available even if you are entirely at fault for the accident.
No-fault insurance does not prevent you from bringing a law suit against the at-fault driver in certain circumstances, particularly where you have sustained a serious and permanent injury. Such a claim must be brought within two years of the date of the accident. Contact our Personal Injury Group for a free consultation to determine whether your injuries permit you to bring a claim and be compensated.
