What are your rights if you have been injured in a car accident?

You should be aware that if your claim arises out of a car accident occurring after October 31, 1996, to succeed with your claim for pain and suffering your injuries must meet the requirements of the “threshold”, and if during your lawsuit or at trial a court finds your injuries do not meet this threshold, you will not be entitled to damages for pain and suffering. In order for your claim to pass the “threshold”, the injuries sustained in the motor vehicle accident must have resulted in:

1. death;
2. permanent serious disfigurement (for example, scars); or
3. permanent serious impairment of an important physical, mental or psychological function.

Claims for pain and suffering are prevented unless you meet this threshold, however claims for loss of income and loss of earning capacity are not affected by the “threshold”. If your claim meets the threshold, there is a $30,000.00 deductible from the amount of damages you, the injured party would otherwise receive. There is a $15,000.00 deductible for Family Law Act claims. The deductible will not be applied where claims for the injured party exceed $100,000.00 or claims under the Family Law Act exceed $50,000.00 or claims for the death of a family member.

The principles of “meeting the threshold” do not apply when you are suing for loss of income. Income losses can be claimed however, you can not claim a loss of income for the first 7 days after an accident. You can receive only 70% of your gross income (less any accident benefits which are received). After trial, you can receive 100% of your gross loss of income, less any accident benefits paid.

If your injuries meet the threshold, you can claim the costs of health care expenses incurred as a result of your accident, over and above amounts paid or available through accident benefits.

Other out of pocket expenses

Other expenses reasonably incurred as a result of the motor vehicle accident not covered by accident benefits (i.e. housekeeping and home maintenance assistance).