Being struck by a vehicle as a pedestrian can turn your life upside down in an instant. Fortunately, Ontario law provides several paths for financial recovery, including no-fault Accident Benefits and the option to take legal action against the driver responsible. Understanding these options is key to ensuring that you receive the medical and financial assistance you deserve.
Accessing Statutory Accident Benefits (SABS)
Ontario’s no-fault insurance system ensures that anyone injured in a motor vehicle accident can access benefits, regardless of who caused it. Even if you do not own a vehicle or carry your own insurance, coverage may still be available through:
- Your personal auto insurance policy, if applicable
- The insurance of the driver who struck you
- A household member’s insurance policy if you live with a relative who has one
- The Motor Vehicle Accident Claims Fund (MVACF) if no other insurance applies
These benefits can help cover various expenses, including:
- Medical and Rehabilitation Costs: Doctors’ fees, therapy, medications, and medical equipment.
- Income Replacement: Payments to offset lost earnings if your injuries prevent you from working.
- Attendant Care: Coverage for personal assistance with everyday activities.
- Other Related Costs: Housekeeping help, home modifications, or funeral expenses in fatal cases.
Filing for Accident Benefits
To apply for SABS, notify the appropriate insurance company as soon as possible—ideally within seven days of the accident. You must complete an OCF-1 application form and provide supporting medical documentation describing your injuries.
Pursuing a Lawsuit Against the At-Fault Driver
In addition to no-fault benefits, you may be entitled to file a lawsuit against the driver who caused the accident. Lawsuits can compensate you for losses not covered under SABS, such as:
- Pain and Suffering: Physical and emotional harm resulting from the accident.
- Loss of Enjoyment of Life: The inability to take part in activities you previously valued.
- Loss of Future Income: If your injuries permanently affect your ability to earn.
- Future Medical Expenses: Costs of ongoing or long-term treatment and care.
Meeting Ontario’s Legal Threshold
To sue for pain and suffering in Ontario, your injuries must meet a specific legal standard. You must demonstrate one of the following:
- Permanent serious disfigurement, such as visible scarring or significant changes to appearance.
- Permanent serious impairment of an important physical, mental, or psychological function, including chronic pain, mobility loss, or lasting trauma.
A leading case, Meyer v. Bright (1993), set out how courts determine whether an injury meets this threshold. Strong medical and expert evidence is often required to prove your claim.
Key Legal Considerations
- Deadlines: Most personal injury lawsuits must be filed within two years of the accident.
- Legal Help: Consulting a personal injury lawyer can be invaluable for navigating complex insurance rules, meeting deadlines, and pursuing fair compensation.
If you have been injured as a pedestrian in Ontario, understanding your legal rights is essential. Seek legal advice early to protect your interests and access the compensation you are entitled to.