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Suing the Other Driver Limitations

Are you suffering from injuries sustained in a car accident? Are you considering suing the other driver? There are several ‘quirks’ in the Ontario motor vehicle legislation that would seem to be blatantly unfair. Legislation regarding your right to recover all your damages from a car accident. This article will provide you with helpful information about the process of suing the other driver. Therefore, after reading this article you will be able to make a well-informed decision. If you still have questions, feel free to contact us and we can help guide you through the process.

Suing the other driver

For instance, when suing the other driver in a car accident there is a deductible. The amount that you receive for your damages is subject to a $30,000 deductible (except where your damages exceed $100,000).

Another ‘quirk’ when suing the other driver after a car accident is the concept of a ‘threshold’. A person who receives injuries can only sue the other driver in a car accident for pain and suffering, loss of enjoyment of life and the cost of health care if the injured person passes a certain ‘threshold’. In Ontario that threshold is met only if you have suffered a permanent serious disfigurement or permanent serious impairment of an important physical, mental, or psychological function.

Another limitation in your right to sue the other driver is a time limitation. Generally, you have two years from the date of the accident to sue the driver or you lose that right. Under some special circumstances, the time to sue for a car accident can be extended.

* The information above is not intended to be legal advice. Each situation is different and the information provided above may not provide you with all law applicable to your facts. To ensure you are properly protected under the law applicable to your facts, please contact Murray Ralston Law for a free consultation.