|
In Ontario, the manner in which motor vehicle actions have been substantially changed occurred in 1990, 1994 & 1996 (the 1996 scheme has had significant amendments in 2003, 2004 & 2006). The current legislation (Bill 59) requires all motor vehicle accident insurers to provide basic benefits (called “statutory accident benefits”) for injured persons, regardless of fault (please see the article on statutory accident benefits). In addition, you can sue an “at fault” party (called the “tortfeasor”) for additional compensation. This additional compensation is quite restricted, however. Different kinds of claim may be made against a tortfeasor, namely:
- Non-Economic Damages (pain & suffering);
Economic Damages, including:- Loss of Past Income;
- Loss of Future Income;
- Loss of/diminished Earning Capacity or Loss of Economic Advantage;
- Loss of/diminished Housekeeping/Homemaking Capacity;
- Past & Future Medical & Rehabilitation Expenses;
- Other Economic Losses.
The extent of types of economic damages is limited only by the differences from one case to the next and the ingenuity of the claimant’s lawyer, however the general principal is that for the loss to be compensible, it must have been “caused” by the accident, and must be proximate to the loss sustained. In motor vehicle accident cases, certain kinds of economic claims against a tortfeasor are limited or excluded altogether, but if the specific economic claim is not specifically mentioned in the Insurance Act, there is no limitation or exclusion for that claim.
|
