The elements of an MVA Claim!

By March 12, 2018 Law News No Comments


Ontario’s auto insurance system is extremely complicated and there are few who could sucessfully obtain a fair result without the assistance of an experienced personal injury lawyer to assist you with navigating this complex insurance system.

You have two possible ways to claim compensation if you are injured in a motor vehicle accident, whether it involves a car, motorcycle, truck, snowmobile or ATV.  First, you may be entitled to recover an award of damages if another person is at fault for the accident.  Second, you may be entitled to recover certain benefits, called no-fault accident benefits (or SABS), no matter who is at fault.  Contact us as your injury lawyer anywhere in Eastern Ontario to discuss your rights.

Claim Against the At-Fault Driver (the “Tort” claim)

In Ontario, if you’re injured in a collision and another person is at fault, Laushway Law Personal Injury Lawyers have the expertise to sue for losses you have suffered including:

  • Pain, suffering, loss of enjoyment of life
  • Loss of income
  • Health care expenses
  • Other losses and out of pocket expenses

Pain, Suffering, Loss of Enjoyment of Life

To sue for pain and suffering you must prove that the injury you have sustained meets the “threshold“.  The threshold test is a description of the seriousness of your injury as defined by the Insurance Act.  To meet the threshold, your injury must result in a:

  1. permanent serious impairment of an important physical, mental or psychological function; or
  2. permanent serious disfigurement (ie. scarring).

If your injury meets the threshold you may be entitled to recover damages for pain and suffering.  However, your award for pain and suffering will be reduced by a deductible of $37,983.33 unless your award exceeds $126,610.51.  You may purchase additional coverage from your broker to reduce the deductible to a more reasonable amount.

Loss of Income

If you have lost income as a result of motor vehicle accident personal injury, you are entitled to sue for lost income.  You may also be entitled to Income Replacement Benefits under the no-fault SABS benefits coverage of your auto insurance policy.  If you have already received Income Replacement Benefits under the SABS or some other collateral benefit source your claim for lost income will be reduced by that amount.  Other collateral benefits that may affect your award include long-term disability benefits and CPP disability benefits.  In most cases, it is necessary to retain a forensic accountant, actuary or economist to perform the complicated calculations required to determine the present value of a future income loss claim.

Health Care Expenses

If your personal injury meets the threshold, you can claim for health care expenses not covered by some other source or plan.  This would include the cost of physiotherapy, massage, chiropractic, medication, occupational therapy and any other therapies you require on an ongoing basis.

Other Losses

In addition to the above noted heads of damages you can claim for losses such as the cost of hiring somebody to perform housekeeping and handyman activities you did before your personal injury but can no longer do or have difficulty with.