Being injured as a pedestrian in a motor vehicle accident can be a life-altering event. Fortunately, Ontario law provides avenues for compensation through both no-fault Accident Benefits and potential lawsuits against the at-fault driver. Understanding your options is crucial to ensure you receive the financial and medical support you need.
1. Statutory Accident Benefits (SABS): Your First Line of Support
Ontario operates under a no-fault insurance system, meaning you can access Accident Benefits regardless of who caused the accident. Even if you don’t own a car, these benefits are available through:
- Your own auto insurance policy: If you have one.
- The insurance policy of the driver who hit you: If they’re insured.
- A family member’s auto insurance policy: If you live with a relative who has coverage.
- The Motor Vehicle Accident Claims Fund (MVACF): If no other insurance is available.
SABS can cover a wide range of expenses, including:
- Medical and Rehabilitation: This includes costs for doctors, hospitals, medication, therapy, and medical devices.
- Income Replacement: If your injuries prevent you from working, you may be eligible for benefits to replace lost income.
- Attendant Care: If you require assistance with daily activities due to your injuries, these benefits can help cover the costs.
- Other Expenses: This may include housekeeping, home modifications, and even funeral expenses in the tragic event of a fatality.
How to Apply for SABS
Notify the relevant insurance company (yours, the driver’s, or the MVACF) as soon as possible after the accident, ideally within seven days. You’ll need to fill out an OCF-1 application form and provide medical documentation of your injuries.
2. Lawsuits and Suing the At-Fault Driver
Beyond SABS, you may also have the right to sue the driver who hit you for damages. This is separate from the no-fault benefits and aims to compensate you for losses not covered by SABS, such as:
- Pain and Suffering: The physical and emotional pain caused by the accident.
- Loss of Enjoyment of Life: The inability to participate in activities you once enjoyed.
- Loss of Future Income: If your injuries permanently affect your earning capacity.
- Future Care Costs: Expenses for ongoing medical treatment or care.
Threshold for Suing
In Ontario, there’s a “threshold” you must meet to sue for pain and suffering. Your injuries must meet one of the following:
- Permanent serious disfigurement: A scar or other physical alteration that significantly impacts your appearance.
- Permanent serious impairment of an important physical, mental, or psychological function: This could be chronic pain, loss of mobility, or psychological trauma.
Case Law Example
In Meyer v. Bright, 1993 CanLII 10559 (ON CA), the Ontario Court of Appeal established a framework for determining whether injuries meet the “threshold” for suing. This case emphasizes the importance of medical evidence and expert opinions in proving the severity and permanence of injuries.
Important Considerations
- Time Limits: There are strict deadlines for filing a lawsuit (typically two years from the date of the accident), so consult with a lawyer promptly.
- Legal Representation: Personal injury lawyers specialize in these cases and can help you navigate the complexities of the legal system, negotiate with insurance companies, and fight for fair compensation.
If you’ve been injured as a pedestrian in Ontario, remember that you have options for claiming compensation. Don’t hesitate to seek legal advice to understand your rights and pursue the best course of action for your individual situation.