Can I Sue the Other Driver?
Many people believe that if you are injured in a car accident in a province or state that has no-fault insurance legislation, you are precluded from suing the other driver. This, however, is not true. Under most no-fault regimes, you do have a chance to sue the other driver for certain damages when that driver has been negligent (responsible) for the car accident. Check out our article, What Damages Can I be Compensated for, for more information on suing the other driver for damages.
If you have been injured in a car accident, you will be entitled to seek accident benefits from your own insurer under the no-fault provisions of the Ontario automobile legislation. However, accident benefits do not compensate you fully for every type of damage you may suffer in a car accident. Therefore, you may sue the driver of the other vehicle in the car accident if that driver was negligent (responsible) for the car accident. In fact, you may sue the other driver even if you were partly responsible for the car accident. Don't forget, there are strict time limits that apply when you sue the other driver. There are also time limits that affect your ability to apply for Accident Benefits, contact Murray Ralston before these time periods expire.