Immigration and Criminal Lawyers Toronto, Ontario


Motor Vehicle Collisions

The consequences of a motor vehicle collision can be very serious. Following a collision, people may not be able to resume the life they had prior to the collision. Depending on the seriousness of the injuries, people may suffer an inability to work or an inability to take care of themselves. Representatives from insurance companies want complex documentation completed, and often request an in-person meeting. After a collision, it is important to understand your rights and understand how to navigate through all these issues. At Melekhovets Law, we are here to help you navigate through this system and ensure the best possible outcome.

Following a motor vehicle collision, there are two types of claims that victims can make.

Statutory Accident Benefits Claim

All individuals involved in a motor vehicle collision can make a claim for accident benefits if they are injured regardless of who was at fault. In Ontario, individuals receive accident benefits from their own insurance companies. Under the Statutory Accident Benefits Schedule (SABS), individuals involved in a motor vehicle collision may be able to receive certain benefits, including Income Replacement Benefit, Non-Earner Benefit, Caregiver Benefit, Medical and Rehabilitation Benefit, Attendant Care Benefit, Death and Funeral Payments Benefit and Other Expenses Benefit.

The Motor Vehicle Accident Claims Fund (MVACF) provides compensation for personal injury or property damage to persons involved with uninsured and unidentified drivers. The MVACF also provides compensation to victims of collisions involving stolen vehicles. Essentially, an application is made to the MVACF where no vehicle insurance exists to respond to a claim.

Claiming and maintaining these benefits can be very complex. Unfortunately, claimants frequently become involved in disputes with their insurance companies due to missed limitation periods, poor communication, or unreasonable actions. At Melekhovets Law, we can help you navigate through the rules and regulations pertaining to accident benefits until your case is resolved.

Tort Claim

Following a motor vehicle collision, one may also make a claim for damages through the courts. Pursing a tort claim involves many considerations and requirements. There are different types of damages one may be eligible for including monetary compensation for lost income and loss of earning capacity, pain and suffering, replacement of household services, loss of marital prospects, future cost of care and claims under the Family Law Act.

Prior to pursuing litigation, an individual must sustain a “threshold” injury in an motor vehicle collision. Insurance legislation outlines the type and gravity of impairment that must be sustained before proceeding to bring a claim before the courts. If a person sustains a threshold injury in a motor vehicle collision, then they can bring a claim against the driver of the other motor vehicle. Insurance legislation and litigation is a very complex and detailed are of the law. At Melekhovets Law, we will explain to you the relevant laws applicable to your motor vehicle collision. We will also help you determine the right course of action and the best possible options suitable for your case.

At Melekhovets Law, we also handle cases involving pedestrian-motor vehicle collisions, motorcycle collisions, motor vehicle-bicycle collisions and other types of collisions.

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