What Happens if I’m a Passenger in a Car Accident in Ontario?
Car insurance can be confusing, especially when you’re a passenger in a car accident in Ontario.
Even if you don’t own a vehicle or have your own insurance, you may still be entitled to accident benefits and have your medical costs covered. The legal side can be surprising—you might even have a legal case against the driver, even if they’re a friend or family member. Here’s what you need to know.
Accident Benefits for Injured Passengers in Ontario
Ontario’s Accident Benefits system is designed to protect anyone injured in a motor vehicle accident, regardless of fault. Even if you don’t have your own auto insurance policy, there’s usually a policy that will cover you.
This coverage includes income replacement benefits if you’re unable to work due to your injuries, or non-earner benefits if you’re a student or caregiver. Most importantly, your rehabilitation costs will be covered, including treatments like physiotherapy, psychotherapy, occupational therapy, and massage therapy.
What to Do If You’re an Injured Passenger
Here’s how you should report the accident, depending on your insurance situation:
- If you own or lease a vehicle and have insurance: Report the accident to your insurance company.
- If you’re the spouse of someone who has insurance: Report the accident to your spouse’s insurance company.
- If you don’t have your own coverage: Report the accident to the driver’s insurance.
- If none of the above apply: If another vehicle was involved, report the accident to the other driver’s insurance company.
Sometimes, it’s hard to determine which insurance company is responsible for covering your claim, but thankfully, Ontario’s regulation known as Disputes Between Insurers, O. Reg 283/95 ensures that the first insurance company you apply to will pay your benefits while any disputes between insurers are resolved.
Can I Sue in Court?
Yes, as an injured passenger, you can also file a lawsuit in Ontario. While Accident Benefits cover some losses on a no-fault basis, a lawsuit allows you to claim compensation for pain and suffering, future loss of income, and future medical expenses that might not be fully covered under the benefits system.
Here’s the tricky part: you might end up suing the driver of the car you were in, even if that person is your mother, spouse, or friend. While this sounds awkward, your claim is really against the driver’s liability insurance policy. Passengers are never held responsible for the accident, even if there’s uncertainty about which driver was at fault.
Why You Need a Personal Injury Lawyer in Ontario
If you’re a passenger injured in a car accident in Ontario, it’s crucial to hire a personal injury lawyer quickly. The legal landscape can be complex, and strategic decisions—like whether you should sue a family member—can have unintuitive answers. For example, you might need to sue your spouse to ensure that your damages are covered by their liability insurance policy.
Car accidents are stressful enough without having to navigate the maze of insurance claims and lawsuits. A personal injury lawyer can guide you through the process, ensuring you receive the compensation and care you need to recover.
In Summary
If you’re a passenger in a car accident in Ontario, don’t assume you’re out of luck just because you don’t have insurance. With the right legal help, you can access accident benefits and, if necessary, pursue a lawsuit to get the compensation you deserve.