September 1st 2020
For many of us, making sense of our insurance policies can be a challenge. The jargon used in these policies is often confusing and leaves us questioning whether we are properly protected in an accident. You may also notice small, frequent updates being made to your policy and wonder what this means for your coverage.
One term that causes confusion is “no-fault insurance”. As a Niagara Falls Personal Injury Lawyer representing clients who are seeking compensation through insurance, we regularly receive requests for clarification around no-fault insurance. Let’s explore the misconceptions about no-fault insurance and how it can affect a personal injury case.
What is no-fault insurance?
The name “no-fault insurance” is a bit misleading. How can an accident or injury be no one’s fault? This type of insurance is not about exempting anyone from being responsible for an accident. Rather, no-fault insurance means that your own insurance company is obligated to::
- Pay for some of your medical/rehabilitation expenses (if you qualify);
- Pay for some of your income loss( (if you qualify);
- Pay for your property damage.
These are called Statutory Accident Benefits.
In the case of a car accident, insurance companies must follow the Ontario Fault Determination Rules to decide who is at fault. The rules include a series of diagrams that outline nearly every possible road collision scenario. Fault Determination Rules are applied to all vehicle accidents, even when other factors such as weather conditions or pedestrians played a role in the situation.
How does no-fault insurance affect personal injury cases?
No-fault insurance is the standard insurance system here in Ontario, but it does not necessarily cover all the costs associated with an accident. If you or a loved one is a victim of a car accident caused by someone else’s negligence, you are still eligible to pursue damages, even with no-fault insurance.
While insurance companies provide coverage benefits that include medical and rehabilitation costs, and lost income, these accident benefits may fall short. In the case of a more serious injury, the victim may require financial compensation that goes beyond the accident benefit by their insurance provider. In this situation, the victim can decide to seek compensation from the negligent driver through a personal injury case.
The victim may also seek compensation from the at-fault driver for the physical, mental and emotional impacts caused by the accident. These are commonly referred to as pain and suffering. They can also seek loss of housekeeping, loss of care, guidance and companionship, loss if income not covered by other sources, and other damages. This is done by suing the at-fault driver. This is referred to in law as a ‘tort’.
As a Niagara Falls Personal Injury Lawyer, we have assisted hundreds of clients with both their no-fault insurance claims, and their tort claims. We fight to get the compensation they deserve, including benefits from their own insurance companies and compensation from the at-fault driver’s insurance companies.
Campbell Law will do more than fight to recover the damages you’ve lost. We will support you throughout your full recovery and connect you to the right people who can provide financial and emotional support. Contact us to schedule a free initial consultation.