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Car Accidents

After a car accident, your life and the life of your family can change dramatically. For accident victims, recovery involves more than just healing. You may also be dealing with emotional and financial hardship as you adjust to a new life after your motor vehicle accident.

If you have been denied accident benefits from your insurer, or would like to pursue compensation from the party (or parties) at fault for your injury, you will need the assistance of a lawyer who specializes in car accident claims. The legal team at Bergel Magence can help you navigate through the complex legal and insurance processes to achieve the best possible outcome.

Bergel Magence has nearly 50 years of experience in successfully obtaining compensation on behalf injured victims throughout Ontario. We’ve recovered hundreds of millions of dollars for accident victims and their families in Toronto and the surrounding communities.

Types of Car Accident Claims in Ontario

When you have been involved in an auto accident in Ontario, you may file two types of motor vehicle accident claims:

1st Party Statutory Accident Benefits Claim

In a 1st party claim, or accident benefits case, you are making a claim against your own insurer. They may be obligated to offer you benefits like coverage for your medical rehabilitation expenses and reports, non-earner benefits, income replacement benefits, as well as a range of other benefits that might include housekeeping, caregiving or attendant care.

Your specific coverage may depend on the severity of your car accident injuries and what optional benefits you have purchased from your insurer.

Even if you do not have your own auto insurance policy, you may be able to make a similar claim from other insurance companies, like those of your spouse, an individual you are dependent on, the owner or driver of the vehicle you were in or other vehicles involved in the accident.

In the case that no other relevant insurer can be identified, you may even be able to receive compensation from the Motor Vehicle Accident Claims Fund. A Bergel Magence auto accident lawyer can make sure that you explore all accident benefits available to you through your insurer.

3rd Party or “Tort” Claim or a Civil Claim for Damages

The second type of claim you may pursue after a car accident is known as a 3rd party claim or a “tort” claim. In this case, you are suing the person (the 3rd party) who caused your injury for any expenses you have incurred as a result of the injury.

It can be difficult to make a 3rd party claim under Ontario’s current motor vehicle legislation, so you’ll require the expertise of a specialized lawyer. To be successful, you and your lawyer must demonstrate that the other party is at fault for your car accident injuries, and that you have suffered both a permanent and serious injury.

In addition to suing for pain and suffering, you may also be able to claim income loss and other expenses like housekeeping, caregiving, attendant care, and medical expenses that were not recoverable from your statutory accident benefits claim or your private and work insurance policies.

Each car accident claim is unique.  If you wish to pursue a car accident claim, your best option is to get in touch with an experienced lawyer at Bergel Magence immediately.

Click here for a list of what to do after you have been in a car accident. Contact a Bergel Magence car accident lawyer for your complimentary, no-obligation case evaluation.

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