Motorcycles are a very popular form of transportation in Ontario for a variety of reasons including the freedom and pleasure derived from riding in addition to lower operating costs and better fuel economy compared to most other vehicles.
Unfortunately, motorcycle accidents tend to be more serious than other vehicular accidents and often result in serious injuries. If you or someone you care about has suffered a serious motorcycle injury, it is imperative that you speak with an experienced motorcycle accident lawyer as soon as possible to determine the appropriate next steps.
Motorcycle Accident Compensation
The law in Ontario, which provides compensation for any person injured in a car accident regardless of whether they are at fault, also applies to those who are injured in a motorcycle accident. If you are injured in a motorcycle accident, you must always remember that you have the same rights as any other passenger or driver of a motor vehicle involved in an accident.
Just as in a car accident, the same two ways in claiming the compensation also apply for those injured in a motorcycle accident—one is via the accident benefits coverage provided by Ontario’s standard auto insurance policy and the other is by filing a lawsuit against the driver at fault, otherwise known as a Tort Claim.
Accident Benefits Claim
Motorcycle drivers are the most vulnerable in the streets yet, ironically, they often encounter difficulties when claiming compensation from insurance companies. Motorcycle accidents frequently result in serious long-term injuries such as brain damage, broken bones, paralysis and even death.
It cannot be denied that a motorcycle does not offer the same level of protection to its rider as most other forms of transportation. It does not have the luxury of seat-belts and airbags, and these are sometimes the reason why insurance companies deny a victim reimbursement.
When making a claim, it is of absolute necessity that you submit a suitable injury claim which an experienced motorcycle accident lawyer can help you with. At the time of the accident, it will greatly aid your cause if you immediately inform the police and get an accident report. Even if your injuries seem minor it is wise to notify the police since you may not realize the full impact of your injuries until days after the accident. What seem like minor injuries can manifest into major, or even catastrophic disabilities. Aside from the police report, a photograph of the scene of the accident will also aid your claim because some insurance companies will attempt to downplay injuries incurred and grant the smallest probable amount as reimbursement.
Benefits Available to You and Where to Claim Them
Mandatory benefits, otherwise known as Statutory Accident Benefits, that you may be entitled to include:
- income replacement
- attendant care costs
- medical and rehabilitation expenses
- housekeeping and caregiving costs
- death benefits
You can claim these benefits from your insurance company. If you are not covered by your own insurance, you can claim these benefits from the insurance company of the driver at fault or from the Motor Vehicle Accident Claims Fund if none of the persons involved have insurance.
You can also claim compensation from the driver at fault by filing a lawsuit. Under Ontario law, you can simultaneously file a lawsuit and, at the same time, claim the accident benefits from the insurance company. Most lawsuits claim compensation for pain and suffering, loss of income, housekeeping and home maintenance expenses, health care and rehabilitation expenses and loss of guidance, care and companionship on behalf of family members.
You have 2 years from the date of the accident to file your lawsuit. If you miss that date you should immediately contact a personal injury lawyer to review your limitation period.
It is not easy to keep a clear head when you are involved in a motorcycle accident, especially when you incur injuries whether minor or catastrophic. Regardless of the extent of your injuries, it is always a good idea to contact an experienced motorcycle accident lawyer who can guide you through the claims process and determine if it is in your best interest to file a lawsuit.
We Are Here to Help
At Deutschmann Law, we are experts at assisting individuals who have suffered personal injuries including those involving motorcycle accidents. We understand that your ability to pay for legal representation is limited after you have suffered a serious motorcycle accident injury so our fees are contingency based. If we don’t win, you don’t pay.
Please call us or complete our easy-to-use claim form to provide the details of your motorcycle accident injuries. One of our experienced personal injury lawyers will contact you promptly to discuss your case in further detail and advise you on the next steps to be taken.
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