After a car accident there are a few limitation periods to keep in mind. For instance, with respect to making a claim against your own accident benefits insurer, you should put them on notice within seven days. With respect to completing the accident benefits application, this must be done within 30 days. In order for you to sue your own insurance company for accident benefits, this must be done within two years of the denial of benefits. 

The ultimate limitation period for suing the at-fault driver is two years from the date of the accident.

With respect to Municipalities, there are some very short limitation periods which apply. Specifically, a slip and fall on a sidewalk owned by a Municipality obligates one to put the Municipality on notice of the accident within 10 days.

The important thing to note, given the many different deadlines is that you should contact a lawyer immediately upon being involved in an accident to determine which limitation period applies.

1. If you have been injured in an accident, when should you retain a lawyer?

Motor Vehicle Accidents:

If you have been injured in a motor vehicle accident and your injuries appear to be serious and permanent, you should contact a lawyer immediately.

Other Accidents:

If you have been injured in a fall or by some other means, you should contact a lawyer immediately as a short limitation period or deadline may be applicable to the case depending on how or where the injury occurred. If the law firm that you have contacted specializes in personal injury, there will be no charge for the initial interview. The Personal Injury Group at Tierney Stauffer LLP has over 25 years of experience and would be happy to provide you with an initial free consultation to discuss your case.

2. When should you contact your insurance company?

If you have been injured in a motor vehicle accident, it is very important that you contact your own insurance company as soon as you are able in order to apply for no-fault benefits. In order to contact your insurance company, you should telephone your insurance broker who will direct the claim to the appropriate person at the insurance company.

If it is a serious accident, the adjuster for the at-fault driver of the other vehicle will undoubtedly try to contact you. There is no legal obligation for you to speak with a representative from the at-fault driver’s insurance company.

3. Who can make a claim?

If you have been in a motor vehicle accident or have suffered an injury from any other accident, you can make a claim as can members of your family including spouses, children, grandchildren, parents, grandparents, brothers and sisters.

4. What is the legal process?

The legal process commences with an interview with a lawyer, after which the lawyer will attempt to settle your claim with an adjuster from the insurance company. If the lawyer is unable to settle the claim, he or she will then commence a lawsuit on your behalf. Ninety-nine percent of these claims will settle before trial. The legal stages that you will have to attend will be mediation, examinations for discovery, a judicial settlement conference and, if the matter does not settle, a trial.

5. How long does the process take?

Typically, an experienced personal injury lawyer will not attempt to settle the case until he or she has a final medical report or until he or she is satisfied that the medical experts have ensured that the diagnosis and prognosis is correct and final. It is only at that time that the personal injury lawyer can assess a claim properly. Depending on the nature of the injuries, it may take up to two years before the claim can be asessed. Following that, most cases are settled out of court. However, if the matter has to go through the entire court process to trial it will, in all likelihood, take another two years depending on the backlog of cases in the judicial system and the jurisdiction in which the case is being pursued.

6. How much will you have to pay?

Our personal injury lawyers work on a contingency or percentage basis. In other words, if we don’t win or settle your case, we don’t get paid. In all cases the initial interview is free.

7. If you are in an accident, how does a judge determine how much money you receive?

Compensation for injuries or “damages” arise from many different losses. Some obvious examples are pain and suffering for both physical and psychological injury, loss of income, medical expenses, loss of ability to work in the future, and loss of ability to compete against an uninjured person.

Basically, the approach of the courts is to put the person into the same position they would have been had they not been injured.

8. Between the time of the accident and time you receive compensation, how can you make ends meet?

If you have been injured in a motor vehicle accident, you will, in all likelihood, have an income replacement benefit paid to you by your insurance company. You may also have long-term disability benefits available to you through your employment or you may be able to apply for Workers Compensation benefits if the accident happened while you were working. There are other sources of financial assistance available. This is an area you will discuss with your personal injury lawyer at your initial interview.

9. Should you contact the police?

If you have been involved in an accident and have not contacted the police, it is imperative that you do so immediately.

1. Rebuttal Exams

If you have been denied a treatment plan or a benefit by your accident benefits insurer, there is a procedure available to you to dispute the denial or termination of a benefit.

If your health practitioner was the one who approved the treatment plan or disability certificate, then he or she is able to perform an assessment relating to entitlement to ongoing benefits.

In order for the accident benefits insurer to deny the treatment or benefit, they must arrange an insurer examination by a health practitioner of their choosing pursuant to Section 42 of the Statutory Accident Benefits Schedule. If, as a result of the assessment, a benefit is denied or terminated, your health practitioner may be asked to respond in the form of a “Rebuttal Exam”.

The rebuttal report can address the portions of the report with which your health practitioner does not agree and that are relevant to the denial of the claim.

If your health practitioner is asked to prepare a rebuttal report, please note that he or she only has 40 business days from the date of their letter advising that they are not going to provide the benefit, to conduct an assessment or examination.

It is important to note that your injuries have been deemed catastrophic, the time lines for the rebuttal reports are increased to 60 business days.

2. Mediation/Arbitration or Litigation

After the insurer receives your health practitioner’s rebuttal report, they may or may not change their mind with respect to paying the benefit. In the event that the insurance company continues to deny the treatment or benefit, there is a procedure available to you to dispute the termination or denial of the benefit.

A comprehensive overview of how to dispute the denial or termination of a benefit can be found on the Financial Services Commission of Ontario website at www.fsco.gov.on.ca or can be obtained by calling the toll free number 1-800-668-0128.

If a benefit has been terminated or denied by the insurer, action must be taken to dispute the termination or denial of the benefit within two years after the insurance company refuses to pay the amount claimed.

You should contact one of the lawyers in our Personal Injury Practice Group immediately if a benefit has been terminated or denied.