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Unfortunately a lot of people tend to believe that if you have been injured as a result of a vehicular accident in a province which has no-fault insurance legislation they won’t be able to sue the other driver for the actual losses. This is far from being true. The city of Hamilton is located in the province of Ontario and currently the Rules of Fault Determination are enacted in order to provide clarification above that matter. However, you are still going to be able to sue the other driver for certain damages, provided that the other driver has acted negligently.
Pursuant to the no-fault provisions which are set forth by the province of Ontario, you are entitled to go for accident benefits from the insurance company that you have contracted. Nevertheless, these benefits are not going to fully compensate you for every kind of damage that you may actually suffer. This is why the legislation also allows you to sue the other driver in order to get properly and fully compensated. This solution is incredibly fair because it allows victim to reclaim what has been metaphorically taken away. So whit this in mind, let’s take a look at the damages that you are allowed to sue for apart from what you will receive from your insurance company.
- Economic loss
This is what you have basically spent in order to recover from the injury. These damages are based upon simple documents like medical receipts and basically everything that proves you’ve spent money in regard with your injuries.
- Loss of the capacity to earn which relates to future losses of income
This provision is incredibly important. Vehicular accidents often result in terrible injuries which render the victim unable to provide the same amount of work that he was able to prior to the accident. This results in a loss of income, which he could sue for in court.
- Pain and suffering
These are the commonly known emotional damages. They have to be discretionally assessed by the court in any single case.
- Loss of care or guidance and companionship
These are also emotional damages that could be sought by the relatives of the victim. They usually occur in cases of severe injuries and long-term disabilities when the victim used to take care for particular family members. The Family Act of Canada allows those members to seek reparation for their losses.
Nevertheless, it is important to understand that you would be able to go after the other driver in court, regardless of the money you have received from the insurance. Of course, this would be taken into consideration by the court and your compensation is going to be respectively reduced.