How Does Ontario No-Fault Insurance Affect Your Right To Sue? - Diamond and Diamond Lawyers

How Does Ontario No-Fault Insurance Affect Your Right To Sue?


If you are injured in an automobile accident in Ontario, you might be surprised to learn that your claim for compensation must be filed with your own auto insurance company. You might also have the right to sue the drivers of other vehicles involved in the accident if they were at fault in causing the collision. It is important to know the benefits you are entitled to receive under no-fault insurance and how to protect and assert your right to seek compensation from negligent or careless drivers.

Ontario no-fault insurance

Statutory Accident Benefits is a mandatory coverage in all automobile insurance policies written in Ontario. If you are injured in a motor vehicle accident, the claim for benefits is submitted to your own insurance company. Passengers in your vehicle would submit their claims through their own auto insurance companies, but if they do not have insurance, their claims are filed through your no-fault insurance. Pedestrians and bicycle riders injured in a collision with your vehicle file their claims through your policy.

The compensation provided under Statutory Accident Benefits coverage or no-fault insurance as it is commonly called, includes the following:

  • Medical expenses
  • Lost income
  • Rehabilitation expenses
  • Caregiver expense
  • Aide or attendant expense

Someone who was not working and earning an income prior to being injured in an accident might be entitled to a non-earner benefit. Non-earner benefits are intended for individuals in cases in which the injuries caused by the accident prevent them from resuming a normal way of life.

Depending upon the extent of a person’s injuries, benefits might include housekeeping and home maintenance, and other expenses attributable to the accident. If an accident victim dies as a result of injuries suffered in a motor vehicle accident, Statutory Accident Benefits are payable to the spouse or dependents as reimbursement for funeral expenses and as a death benefit.

Recovering compensation for pain and suffering

Your insurance company handles your claim for damages for personal injuries regardless of fault in causing the accident. Suing the other driver for damages is an option if your injuries cause a serious or catastrophic functional impairment. Loss of a limb, spinal cord damage causing paraplegia and blindness are only some of the examples of the types of injuries giving you the right to sue. One of the primary benefits of filing a lawsuit against the party whose negligence or misconduct caused the accident is the ability to recovery compensation for pain and suffering.

Suing the negligent party is also a way to recover damages in excess of the limits of the Statutory Accident Benefits Schedule. For example, the basic benefit for lost income is $400 a week. A consultation with a personal injury lawyer about your accident can provide you with additional information about the extent of compensation you could recover through a personal injury lawsuit.

Ontario personal injury lawyers

The personal injury lawyers at Diamond & Diamond have years of experience successfully handling claims for compensation by people injured through the negligence of others. They help accident victims through the no-fault insurance process with trusted legal advice and skilled representation to bring a lawsuit for compensation beyond the Statutory Accident Benefits. You should speak to one of our lawyers about your rights and benefits and for guidance about how to assert them. Call the Diamond & Diamond injury hotline at 1-800-567-HURT at any time of the day or night. You can also visit our website to speak to someone now. We offer free consultations and confidential case evaluations throughout Ontario for accident victims who have been seriously injured.

Leave a Reply


Get the help you deserve


Call NOW for a free consultation


Diamond & Diamond Ontario Head Office

255 Consumers Road, 5th Floor, Toronto, Ontario

>> Learn More

Diamond & Diamond Alberta Head Office

4246 97 Street NW, Unit 103, Edmonton, Alberta

>> Learn More

Diamond & Diamond British Columbia Head Office

1727 West Broadway, Suite 400, Vancouver, British Columbia

>> Learn More


168 Bayfield Street


1331 Macleod Trail SE, Suite 645


2713 14 St SW


600 Crowfoot Crescent NW #240


4246 97 Street NW, Unit 103


256 Pall Mall St, Suite 102

Oakville / Mississauga

2939 Portland Drive, Suite 200


50 Richmond Street E, Unit # 108 B


955 Green Valley Crescent, Unit 315


31 Larch Street, Unit 300


1104 – 13737 96 Ave, Surrey, BC V3V 0C6


255 Consumers Road, 5th Floor


1678 Bloor Street, Suite 302


1727 West Broadway, Suite 400


13158 Tecumseh Rd. E. Unit 3B