Can a Passenger Sue a Driver Who Is Not at Fault in a Car Accident
 |
| After a Car Accident |
Who Do I Sue After a Car Accident?
In addition to obtaining compensation through your insurer, an injured person can sue an at-fault driver for pain and suffering if the threshold test is met.
The threshold test to sue is:
1-A family member has died as a result of the collision
2-The injured victim has suffered a permanent serious impairment of an important physical, mental or psychological function
3-The injured victim has suffered a permanent, serious disfigurement
If an injury meets the threshold test, then a person may be entitled to sue for any health care expenses not covered by the accident benefit insurer or government health care plan.
One can also sue for lost income. An injured person can sue for 70% of his or her income loss up to the date of trial, and 100% of their gross future income loss, for the remainder of what would have been their working life, if they continue to be disabled from work.
Family members are eligible to make a claim if there has been a death or the injured victim’s injuries meet the threshold test.
If I have been involved in a car accident how long do I have to sue the at fault party?
 |
| commence a lawsuit |
If you have been involved in a car accident in Ontario, the general rule indicates that you must commence a lawsuit within two years from the date of the accident. There are two main exceptions to the two year rule. The first exception relates to minors. Generally a minor has two years from the time they turn 18 to start a lawsuit.
A second exception is one where you do not initially know that you were seriously injured as a result of the car accident. In that case you have two years from the time you knew or ought to have known your injury was serious to commence your action. There is an ultimate fifteen year rule that states that after fifteen years whether you knew or not about the seriousness of your injury you will be unable to commence a law suit.
In addition to the two year rule where the condition of a roadway controlled by a City, Region or the Province may have contributed to the accident you must place them on notice within ten days of the accident. In addition to the notice provision of ten days the law suit must still be commenced within two years from the date of the car accident.
When you are injured in an accident, you should take legal action right away. If you don’t you may lose your ability to pursue the matter.
How should I prepare for my first meeting with my personal injury lawyer?
 |
| meeting with personal injury lawyer |
If you have been injured in an accident caused by negligence of others, you may have a case for compensation. After you have received the necessary medical attention, your first call should be to Kelly Greenway Bruce to set up a meeting with one of our experienced personal injury lawyers.
For your first meeting, bring any information you have about the accident including details about how the accident occurred, any police information including reports as well as insurance particulars for yourself and the other person or persons involved in the accident.
We will need to know about the nature of your injury, including any pre-accident health issues. Bring any receipts for medical care you have incurred and any information given to you by the hospital, your doctor and or your rehabilitation facility regarding your injuries and necessary treatment. It is important to have the names and contact information of the doctors as well as the dates that you received medical attention.
If there are any witnesses to your accident, bring their contact information and any other information you have about them including what they may have seen.