Car Accident Claim » Tort Claim http://www.caraccidentclaim.ca Designed by SEM Expertise Thu, 13 Jan 2011 18:58:40 +0000 http://wordpress.org/?v=2.9.1 en hourly 1 No-Fault and Tort Claim | Types of Car Accident Claims http://www.caraccidentclaim.ca/no-fault-and-tort-claim-types-of-car-accident-claims/ http://www.caraccidentclaim.ca/no-fault-and-tort-claim-types-of-car-accident-claims/#comments Wed, 12 Jan 2011 09:45:39 +0000 admin http://www.caraccidentclaim.ca/?p=20

Two Types of Car Accident Claims: No-Fault Claim and Tort Claim

No-Fault Claim:
The first is the so-called “No-Fault” or “Accident Benefits” claim. The no-fault claim is just as it sounds. It does not matter whether or not you are at fault in the car accident, you are entitled to certain car accident benefits from your auto insurance company.

In other words, no-fault insurance claim means that if you are injured or your car is damaged in a car accident, then you deal with your own auto insurance company, regardless of who is at-fault. You don’t have to go after the at-fault driver for compensation. Similarly, if any passengers in your car is injured, then he/she has a car insurance policy of his/her own will approach his/her own insurance company for benefits. If your passengers don’t have a car insurance policy of their own, then your auto insurance company may pay benefits to them. The driver of the other car involved in the accident will claim benefits from his/her own insurance company.

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Auto Accident Claims

Tort Claim

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 Tort Claim:
To pursue a tort claim against the at-fault driver for pain and suffering, your injuries must reach a certain threshold. According to the automobile legislation, you are allowed to sue if you have suffered:

  • permanent serious disfigurement (i.e., scarring); or
  • permanent serious impairment of an important physical, mental or psychological function
  • You can also sue if the accident results in the death of a family member.

Any damage award you receive for pain and suffering is subject to a $30,000 deductible. However,any damages received in excess of $100,000 for pain and suffering is not subject to the $30,000 deductible.

Importantly, you can also sue for lost income, future lost income, impairment of your ability to earn income, loss of competitive advantage in the work-place, some out of pocket expenses and business losses without meeting the threshold. These claims are not subject to the $30,000 deductible.

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