Being struck by a motor vehicle as a pedestrian can change your life in an instant. Fortunately, Ontario law provides important protections to help victims recover both financially and medically. If you’ve been injured, it’s essential to understand the two main avenues for compensation: Statutory Accident Benefits (SABS) and potential lawsuits against the at-fault driver.
Accessing No-Fault Accident Benefits (SABS)
Ontario follows a no-fault insurance system, which means you can access Accident Benefits regardless of who caused the collision. Even if you don’t own a car, you still have options for coverage through:
- Your own auto insurance, if you have one
- The insurance policy of the driver involved
- A family member’s policy if you reside in their household
- The Motor Vehicle Accident Claims Fund (MVACF) when no other insurance exists
These benefits can provide compensation for:
- Medical and Rehabilitation Costs: Coverage for treatment, therapy, medication, and assistive devices
- Income Replacement: Payments to offset lost earnings if your injuries prevent you from working
- Attendant Care: Financial help for personal care and daily living assistance
- Additional Expenses: Support for home modifications, housekeeping help, or funeral costs in fatal cases
Filing a SABS Claim
You must inform the appropriate insurer (your own, the driver’s, or the MVACF) as soon as possible—ideally within seven days of the accident. You’ll then complete an OCF-1 form and provide medical documentation to support your claim.
Pursuing Legal Action Against the Driver
In addition to SABS, you may be entitled to file a lawsuit against the driver who caused your injuries. This can help you recover damages that no-fault benefits do not cover, such as:
- Pain and suffering
- Loss of enjoyment of life
- Loss of future earning potential
- Future medical or care expenses
Meeting the Legal Threshold to Sue
To bring a claim for pain and suffering in Ontario, your injuries must meet the province’s “threshold” requirement. You must show that you’ve suffered either:
- A permanent serious disfigurement, such as a visible and lasting scar
- A permanent serious impairment affecting a key physical, mental, or psychological function
The leading case Meyer v. Bright (1993) outlines how courts determine whether an injury meets this threshold. The case highlights the importance of strong medical and expert evidence to prove the lasting impact of your injuries.
What to Keep in Mind
- Time Limits: Generally, you have two years from the date of the accident to file a lawsuit.
- Legal Guidance: A personal injury lawyer can help you navigate insurance processes, meet legal deadlines, and secure fair compensation.
If you’ve been hurt as a pedestrian in Ontario, it’s crucial to understand all available options for recovery. Getting timely legal advice can make a significant difference in protecting your rights and ensuring you receive the support you deserve.