Limited Lawsuits on Car Accident Injury

in Pain

[This article is not legal advice, please contact a lawyer for assistance if you have been injured in a car accident]


Is it believable that if you are injured in a car accident and you are at no fault, then you want to sue the at-fault party for your injuries, but you can not do just that. Well, it is unbelievable in your country's law. However, this is a truth in Ontario, a place of diffcult-to-understand car insurance system which limit the ability of the injured person to sue with a lot of restrictions.


There are a number of restrictions on an injured person's ability to sue for injuries and damages from an accident. One restriction is known as the "threshold". The threshold is a legal test that an injured person has to meet in many cases to be able to claim for some types of losses, such as pain and suffering.  If you do not meet the threshold, then, in many cases, you are not entitled to anything for pain and suffering.  The threshold does not apply to everything (ie: income losses).  To meet the threshold, the test is often, whether or not the injured person sustained a "permanent, serious impairment of an important physical, mental or psychological function".


These words are interpreted by statutes and case-law. Another restriction on an injured person's right to sue, is the "deductible". The deductible is an amount of money that, in many cases, is subtracted from whatever amount your pain and suffering is worth.  Under bill 198, the deductible is (as of the date that this article was written) $30,000. 


So, that means that if your pain and suffering is valued at $50,000, then, if the deductible applied, the amount would be reduced by $30,000, leaving only $20,000.  The deductible does not apply to pain and suffering that is assessed at more than $100,000 and there are a number of other exceptions.  It is best to consult a lawyer about these issues, so that you fully understand your rights. 


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Steve Pola has 1 articles online

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Limited Lawsuits on Car Accident Injury

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This article was published on 2010/05/14