Toronto is one of Ontario’s largest cities. Consequently, a determination of fault, following an accident, must follow the Fault Determination Rules of the Ontario Insurance Act. An insurance company assesses the level of injury using the rules in that Insurance Act. Toronto’s insurance companies focus on the damage done to the involved vehicles. The private insurance companies do not study the injuries to the driver or to any passengers.
How do victims get compensated for their injuries?
Physical harm to victims gets covered by Ontario’s Statutory Accident Benefits. Those benefits include money that can replace lost earnings, funds of care expenses, reimbursement for medical and rehabilitation expenses, and money for attendant care.
Suppose that the insurance company’s assessment does not equal the full cost of the damage to your vehicle; what can you do?
In that case, you would need to make sure that the other driver was found at fault for the accident. If that was the finding of the assessment, then you could consider filing a lawsuit with the help of Personal Injury Lawyer in Hamilton. That same course of action can be taken by someone that has not been fully compensated for the harm to his or her body. In other words, money won by a lawsuit can be used to add to what has come from the Statutory Accident Benefits.
What chances does an accident victim in Toronto have for winning such a lawsuit?
In order to win such a lawsuit, the accident victim must prove the existence of 4 different elements.
What elements must be proven to exist?
Proof of the fact that the defendant, the person responsible for the accident had a duty to be careful: All drivers have a duty to care about the other drivers on the road. It is easy to demonstrate existence of that first element.
Proof that the defendant breached his or her duty. A traffic ticket could demonstrate existence of that second element. It could show that the defendant was speeding, driving in a reckless manner, taking up more than on lane, or violating traffic laws in some other fashion. If the driver’s habits had been captured on a video camera, then that evidence would support the allegation that the same defendant had breached his or her duty of care.
Evidence that the defendant’s behavior caused the accident. Again, footage from a video camera, one located near the scene of the collision could serve as such evidence. A witness’ statement would also highlight a link between the defendant’s behavior and the accidental occurrence.
Finally, it must be shown that the collision caused the injury sustained by the claimant/victim. A medical report can usually serve as evidence that the fourth needed element has been produced for the court.