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Toronto Personal Injury Lawer Blog - Findlay Law

Monday, February 15, 2010

Defining Canada's "No Fault" Law

Most automobile accidents are caused by careless, intoxicated, or inattentive drivers, Canada's "no fault" law does not mean that neither party caused the accident; it simply regulates a victim's ability to collect compensation by making both drivers responsible for their own insurance claims. Even though the responsible party may suffer increased premiums, "no fault" insurance itself may not sufficiently deter unsafe driving or reduce the number of car accidents.

Canada initiated no fault auto insurance back in 1947; it is designed to lower insurance premiums by minimizing litigation by one party over another.

  • The insured must seek compensation for injuries from their own insurance company
  • Compensation is capped based on injury in accordance with the Statutory Accident Benefit Schedule.
  • Ability to sue the responsible party is restricted to pain and suffering or economic loss, with restrictions.

Frequently, even submitting a claim to your own insurance company does not necessarily mean you will receive quick or adequate compensation. Delays or denials of claims can still occur, leaving you with no alternative than to try to force your own insurance company to pay on your claim using legal options.

If you or someone you know is having trouble collecting on a "no fault" car accident claim, please contact the experienced automobile attorneys at Findlay Law offices, serving Hamilton and Toronto, Ontario, today.

posted by Tiffany at 6:14 PM