Car Accidents - Suing the Other Driver

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When Can I Sue The Other Driver In A Car Accident?

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Many people believe that if you are injured in a motor car urgency in a province or state that has no-fault guarnatee legislation, you are precluded from suing the other driver. This, however, is not true. Under most no-fault regimes, you do have a occasion to sue the other driver for positive damages when that driver has been negligent (responsible) for the accident. In this record I will be referring to the no-fault laws of the Province of Ontario. Car urgency no-fault laws in other provinces and states will vary.

If you have been injured in an auto accident, you will be entitled to seek urgency benefits from your own insurer under the no-fault provisions of the Ontario automobile legislation. However, urgency benefits do not compensate you fully for every type of damage you may suffer in an accident. Therefore, you may sue the driver of the other car in the car urgency if that driver was responsible (negligent) for the accident. In fact, you may sue the other driver even if you were partly responsible for the accident.

What Damages Can I Be Compensated For If I Sue The Other Driver In A Car Accident?

Anyone injured in a motor car urgency can sue the driver of the other car for:

*Economic loss;

*Loss of earning capacity together with future loss of income;

*Pain and suffering;

*Loss of care, guidance, and companionship of a family member; and

*Health care expenses (if you have suffered a permanent serious disfigurement or permanent serious impairment of an foremost physical, mental, or psychological function).

What Limitations Are There In My Right To Sue The Other Driver?

There are some 'quirks' in the Ontario motor car legislation that would seem to be blatantly unfair in your right to recover for all your damages from a car accident. For instance, when you sue the other driver in the urgency the amount that you receive for your damages is branch to a ,000 deductible (except where your damages exceed 0,000). Why is there such a high deductible? Well, in my idea it's solely because the government favours the guarnatee associates over the personel insured. However, I'm sure that the government and guarnatee associates would be quick to say that the deductible is to prevent people from bringing low dollar value or nuisance claims.

Another 'quirk' in the legislation is the idea of a 'threshold' when you sue the other driver in a car accident. An injured man can only sue the other driver in an auto urgency for pain and suffering, loss of enjoyment of life and the cost of health care if the injured man passes a positive 'threshold'. In Ontario that threshold is met only if you have suffered a permanent serious disfigurement or permanent serious impairment of an foremost 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 car urgency to sue the other driver or you will lose your right to sue. Under some special circumstances, the time to sue for a motor car urgency can be extended.

How Do I Sue The Other Driver?

Contact an experienced personal injury lawyer if you think you would like to sue the other driver in a car accident. The motor car legislation in every North American jurisdiction is complex and the only way to be fully apprised of your ownership is to meet with a personal injury lawyer who practices plaintiff motor car law. A motor car lawyer will also be able to help you maximize your urgency benefits under the no-fault task (ie. Where you don't sue the other driver in the car accident). I advise that you touch Injury Alliance to help you find the experienced lawyer you need to sue the other driver in a motor car accident.

This record is not intended to supply legal advice. It is recommended that you touch your lawyer or attorney to obtain guidance pertaining to your exact case.

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