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It’s winter and we Canadians love our winter outdoor recreation. When it comes to the outdoors, a snowmobile can offer hours of entertainment and fun for your family. But what happens when you have been injured in a snowmobile accident? After an accident involving a snowmobile, it is advisable to seek the legal advice of a personal injury lawyer in Cambridge to ensure that your legal rights are being protected.
Snowmobiles are required to be insured under an Insurance Act motor vehicle liability policy the same as other off-road vehicles even though it is not considered a motor vehicle under the law. There are exceptions, however, for those snowmobiles that are only operated on the owner’s property. But even if insurance isn’t required on the snowmobile in question, failure to insure it can have dire consequences for the owner.
If you sustain an injury while operating a snowmobile and that snowmobile is covered by insurance, the process would be much the same as a car accident claim. Under Ontario law, victims of snowmobile accidents are entitled to benefits to cover any medical treatment, rehabilitation, and lost wages. In the case of more severe injuries, the injured party could also be entitled to additional benefits. Statutory Accident Benefits offer injured parties benefits regardless of who is at fault.
A victim of a snowmobile accident can also potentially be entitled to compensation for damages from the at-fault party. If you are at fault, the insurance company will pay your damages pursuant to your policy. If there is no insurance on the snowmobile, as the injured party you are entitled to file a suit again the owner personally to cover damages.
In the case where a snowmobile is only operated on the property of the owner, there are some criteria that need to be met. The owner must:
● Be in physical possession of the property
● Has responsibility for the condition and control of the property
● Has responsibility for activities that are conducted on the property
● Has control over the people allowed on the property
Personal injuries in the case without insurance can be difficult. Without insurance, the owner could be personally exposed to liability and could be sued by an operator or passenger. The victim of an accident could also be entitled to file a claim against the at-fault party for damages. Even if insurance is not mandated, for these reasons it is always good to have as protection whenever someone is operating a snowmobile on an owner’s private property.
The laws in Ontario concerning snowmobile accidents and liability can be complex. It is important to seek legal advice after an injury involving a snowmobile. Call the Cambridge injury lawyers at APC Law for a no-cost consultation to ensure that your rights are protected.