If you have been in a car or motorcycle accident, you do have the right to pursue a claim against the driver that caused the accident.  This person is referred to as the at-fault driver.  However, the law in Ontario is quite difficult and you do not recover compensation simply by being in an accident.  In Ontario, your pain and suffering must meet a test that has been defined in law, which is called the threshold.  In addition, your injuries for pain and suffering must exceed a statutory deductible.

According to the current automobile legislation, you are allowed to sue if you have suffered

  • Permanent serious disfigurement (scarring); or
  • Permanent serious impairment of an important physical, mental or psychological function
  • You can also sue if the accident results in the death of a family member.Any damage award you receive for pain and suffering is subject to a statutory deductible, which is indexed for inflation.  However, any damages for pain and suffering awarded in excess of an amount prescribed by law is not subject to the deductible.   The threshold and deductible will be reviewed with you at the initial consultation meeting.You can sue for lost income, future lost income, impairment of your ability to earn income, loss of competitive advantage in the workplace, some out of pocket expenses and business losses without meeting the threshold. These claims are not subject to the deductible. However, you are only entitled to recover 70% of your loss of income before trial.  Post-trial income is paid at 100 percent of gross.   If you are entitled to any income benefit or CPP disability, these benefits are deductible from any past loss of income.