OTTAWA ACCIDENT LAWYER – A serious accident on Bronson Avenue near Brewer Park has resulted in an arrest on Tuesday, June 14, 2011.  A car heading south on Bronson Avenue crossed the center median slamming into the back of a vehicle in the north lane in front of Brewer Park.  The back of an Acura was destroyed.  The 38‑year-old man driving it was rushed to hospital with neck and back injuries.  The collision involved at least four vehicles.  Another woman in an SUV was also taken to hospital for cuts on her arms.  The driver of a taxi on its way to the Ottawa Airport was also treated for cardiac stress.  His windshield was cracked by flying debris from the initial crash.

If you have been injured in an Ontario car accident, but do not have your own car insurance, you can still file a claim for your injuries.  You may be entitled to accident benefits, but who pays for them will depend on the circumstances of the accident.  Contacting an Ontario personal injury lawyer should be one of the first things you do when trying to figure out how you can claim accident benefits.  They will be able to guide you and help you determine the best course of action in your situation.

Even if you don’t have car insurance, you will need to fill out an Accident Benefits Application Package, just as you would if you had your own car insurance.  The forms in this package are necessary for an insurance company to assess if you are entitled to accident benefits and if so, how much you will receive.  The particular circumstances of the accident will determine who you should send this package and who will cover any accident benefits you may be entitled to.

For example, if you were driving a vehicle owned by the company you work for, you should send your Accident Benefits Application Package to the insurance company that insures that vehicle.  If you were a passenger in a vehicle that was in an accident, you should contact the insurance company that covers the vehicle you were riding in.  If you were hit by a vehicle while walking or cycling, the insurance company for that vehicle should cover your accident benefits.  If you were a passenger in an uninsured vehicle, and the other car involved in the accident is insured, then the insurance company for that vehicle will deal with your application for accident benefits.  If the other vehicle was also not insured, you may be able to make a claim for accident benefits to Ontario’s Motor Vehicle Accident Claims Fund (MVACF).

In the event that no other insurance company can be found to be responsible for any accident benefits you may be entitled to, the MVACF might be able to provide you with some coverage.  They are a last resort when no other recourse is available.

If you are trying to determine how you can make a claim for accident benefits after a car accident, contact the Ottawa personal injury lawyers at Auger Hollingsworth for a free consultation.  If you are entitled to accident benefits, they will help you achieve a favourable outcome.

Ottawa injury lawyer- The serious car accident this week in the Byward market parking garage that resulted in a fatal injury to a young person is a reminder that the holidays can be a dangerous.  Please remember to drive safely and use a designated driver so that it is not your family that is devastated this holiday season.

All the best for a safe and prosperous new year!

Brenda Hollingsworth

Ottawa Accident Lawyer:  A fractured pelvis is very debilitating.  Because the pelvis houses so many internal organs, pelvic fractures can result in significant internal bleeding. The pelvis is also vital in daily activities such as walking, running and biking, but when it is fractured, mobility is severely limited.

For the elderly, the most common cause of a pelvic fracture is a slip and fall.  For younger folks, pelvis must be directly impacted by a strong force in order to fracture. Car and motorcycle accidents are leading causes of pelvic fractures because there is such a strong force created when two cars collide at high speeds.

The pelvis is composed of three bones that are connected at the base of the spine by connective tissue.  The pelvis is the structure that connects the lower body to the legs.

Check out this video which demonstrates the triage sequence for a patient where a pelvis fracture is suspected.

If you have suffered a pelvic fracture in an accident caused by someone’s negligence, you may have a serious claim for damages.  Contact a personal injury lawyer for more information about your claim.

Insurance Claims after an Ottawa Car Accident

When you begin your Ottawa car accident claim, it is important to know what your Ottawa personal injury lawyer can help you recover and what she can’t.

There are three main different types of insurance claims that you can make after an Ontario car accident.

The three types of claims that you can file are a property damage claim, a claim for statutory accident benefits, and a bodily injury claim.  We’ll go through each one so that you know what applies to your personal case.

An Ottawa property damage claim is a request for funds to repair or replace your car.  When most people think about insurance in a car accident situation, they think of filing a property damage claim.  Usually, these benefits are paid by the insurance company.  That is why most people think they have car insurance.  And if your car is the only thing that was hurt in the accident, then you most likely don’t need a lawyer, since what you get from this type of claim is probably about what you would pay for a lawyer.   However, if the accident caused physical injuries, large medical bills or caused you to miss work, getting an experienced Ottawa lawyer is probably the right way to go.

The second type of claim is for damages for bodily injury. You will receive bodily injury damages if you were hurt in an accident in which the other party is at fault, and you meet the legal test for Ontario injury claims.

The last type of claim is for statutory accident benefits.  Statutory accident benefits are available to all participants in Ottawa car accidents, independent of fault.  These benefits are meant to replace missed salary earned and to pay for accident-related expenses such as attendant care, rehabilitation and medical services.  The idea of statutory benefits is to reduce the effect of the accident on your day-to-day life.  These benefits are usually paid for by your own insurance policy, but there are ways to get coverage even if you do not have your own car insurance policy.

If you have further questions regarding your Ottawa car accident case and the benefits that you could receive, contact an Ottawa injury lawyer immediately for a free consultation. For more information, contact the Ottawa lawyers at Auger Hollingsworth by email info@ottawalawfirm.ca or by phone at (613) 233-4529.

Ottawa Lawyer: Teens and Youth in Motor Vehicle Accidents

As personal injury lawyers we find these numbers very troubling.

In Canada, over 700 young people (aged 15-24) are killed every year in road crashes, including car accidents, truck accidents and other motor vehicle accidents. On top of that, around 50,000 children are seriously injured in car accidents. These numbers make motor vehicle crashes the leading cause of death among young people, surpassing suicides and other accidents. The Traffic Injury Research Foundation addresses this issue and its future trends in detail and emphasizes the importance of finding new effective initiatives to prevent so many deaths and injuries.

http://www.trafficinjuryresearch.com/

If your teen has been in an accident, speak to an experienced personal injury lawyer.  Ottawa lawyers Richard Auger or Brenda Hollingsworth will speak to you if you call 613 233-4529 or email info@personalinjuryottawa.ca

Knee Injuries in a Traumatic Ottawa Accident

Serious injuries to the knee may be a result of a fall or a motor vehicle accident.  Many of our Ottawa personal injury clients suffer knee injuries in their accidents.

In slip and fall accidents, the fall could have occurred because of a wet floor, uneven surface in an office complex, a trip on a drop off or uneven surface, broken and irregular pathway or sidewalk,  due to missing or broken step or steps that do not comply with the Ontario Building Code.

In a car accident, you may suffer a knee injury if your knee gets pushed against a console or the dashboard or if it twists upon impact.  In a bicycle accident, there are many ways you knee could be injured, including falling directly onto it.  Similarly, a pedestrian could be struck in the knee, land on a knee or twist a knee while falling to the ground after being hit by a vehicle.

These injuries are more often than not a result of landing with full force on the knee and the knee cap taking the full brunt of the victim’s weight.

If your injury is a mild one, it might just involve a slight damage to the medial meniscus or the ligament in the knee. Injuries might also result in damaging the medial collateral ligament of the anterior cruciate ligament. In some case surgery is the only option for a lasting cure.  Surgery is normally followed by an intensive physiotherapy session.

It is also a fact that no other part in the body experiences as much stress as the knee.  Injuries to the knee are often fairly painful and treatment courses available today are useful in mitigating the injury only to a certain extent.  The effect is normally on the movement of the knee and its rotation and hinging movement. Some of the common injuries to the knee are as follows:

• ACL Tear due to an accident: The anterior cruciate ligament (ACL) is located deep inside the knee and tear on the ligament can be fairly painful. Surgery is normally the only solution to this ailment.
• MCL Tear due to an accident :  The medial collateral ligament (MCL) is also located on the side of the knee and supports the knee in its sideways movement and preventing it from buckling. A heavy fall or a sudden impact to the side of the knee can result in a damaged MCL. It can lead to restricted movement of the knee and a protracted treatment process.

• Meniscal Tear due to an accident: The articular disks (joint disks) of the knee are also called “menisci.” These two disks consist of connective tissue made up of collagen fibers. Their main utility lied in preventing the bones from rubbing against each other and also aids in shock absorption.

If you have suffered a knee injury due to a traumatic accident caused due to a fault of someone else, you may be entitled to damages for pain and suffering, future care costs, and any loss of income.   Consider contacting an experienced Ottawa personal injury lawyer to assist you to assess your case.  Call us at 613 233-4529.

If you were injured in a Kingston accident, or an accident in Sydenham, Bath, Gananoque, Railton or an accident in any other town in the Frontenac County area, our experienced Kingston personal injury lawyers can help you.

  For Kingston motor vehicle accidents we will help you handle:

•   Your Ontario Statutory Accident benefit claims (No-fault benefits)
•   Any Claim for damages against any at-fault drivers, and
•   Any Claim for damages against anyone else who may be at fault for the Kingston accident.

  Need more information about what to do after an accident? Have a look at  “29 Tips for Getting a Fair Settlement for your Motor Vehicle Accident,” “Important Answers About Statutory Accident Benefits” and “3 Facts That May Surprise You.”

 Examples of the types of Kingston Motor Vehicle Accidents we Handle:  

• Kingston Car Accidents
• Kingston Motorbike Collsions
• Kingston Truck Accidents
• Kingston Bus Accidents
• Kingston Railroad Accidents
• Kingston Boat Accidents
• Kingston Bicycle Accidents
• Kingston Pedestrian Accidents

Our Kingston Personal Injury Lawyers Can Help You

If you were injured in a Kingston accident, let our Kingston accident lawyers handle your insurance claims and help you collect the compensation you are entitled to receive.   

Queen’s University graduate Brenda Hollingsworth and Kingston native Richard Auger, will handle your Kingston personal injury law suit concerning motor vehicle accidents. We know Kingston, its court and its roadways.  We can help you with your serious injury case.

Contact Us!

The personal injury lawyers at Auger Hollingsworth are here to help you. Please use our Contact Us form to request your FREE consultation!

Our Kingston Accident Law Firm handles accident claims across Ontario. See our areas of service here.  We will come to your home.  We will come to Kingston General Hospital, St. Mary’s or any other area facility where you are recovering from your injuries.

My Car Has Been Damaged in an Accident.  What Do I need to know?

If You Have Direct Compensation Property Damage

In an Ontario car accident, you deal only with your own insurance company for compensation for the damage to your vehicle.  You cannot make a claim for compensation against the other driver or his or her insurance company.  The other driver’s insurance company will deal with the other driver’s car.  

A claim can be made to your insurance company even if the other driver does not actually hit your car.  They may have simply caused you to get into the accident by forcing you off the road, for example.

Direct Compensation applies when:

1. The accident happened in Ontario
2. Both cars involved have insurance

When these two criteria are met, you may seek compensation for damages to your car and its parts, as well as what’s inside of it.  You may also seek compensation if your car can no longer be used.  The DCPD rules only apply if there were at least two cars involved in the accident.  

The compensation you receive depends on whether you played a role in causing the accident or not.  For example, if you are not responsible for the accident at all you may get full compensation from your insurance company.  If you played a role in causing the accident you may not get full compensation.

Are you unhappy with your compensation?

If you are unhappy with the amount of compensation you receive from your insurance company, you have options.  In determining the amount of money they will give you, insurance companies decide on whether they think you are at all responsible for the accident.  If you think your company wrongly assessed your role in the accident you can take legal action against them.  You may sue your insurance company for more compensation.  Remember, you may only take action against your own insurance company, not the other driver or their insurance company.  

There are legal deadlines for bringing a claim in Ontario.  Speak to a lawyer about the time limit that applies in your case.

Exceptions to the Rule:

You may only sue another person involved in the accident for damage to your car IF their insurance company is not in Ontario AND their company does not follow the DCPD agreement.  For example, if the other driver is a tourist, who drove into Canada from the United States, is insured under an American company and does not have a DCPD agreement with that company, you may sue them directly.  

Also, if your car is damaged when it gets towed, your insurance company may deal with the towing company directly.

Death and Funeral Benefits Available Through Statutory Accident Benefits

After a fatal motor vehicle accident, regardless of who was at fault for the accident, there are certain benefits available through the statutory accident benefits (also known as SABS, ABs or no-fault benefits).

The most important provisions provide:

The accident benefit insurer will pay a death benefit relating to anyone who dies because of an accident if the death was within 180 days of the accident or 156 weeks after the accident if the person did not recover after the accident.

For the spouse of the deceased, the death benefit is $25,000.

For any other dependant, the death benefit is $10,000 each.  The amount may be higher if the deceased purchased optional increased benefits.

Up to $6000 is payable toward funeral expenses, unless additional optional coverage is available.

The Statutory Accident Benefits themselves provide as follows:

DEATH AND FUNERAL BENEFITS

Death Benefit

25.

(1) The insurer shall pay a death benefit in respect of an insured person if he or she dies as result of an accident,

(a) within 180 days after the accident; or

(b) within 156 weeks after the accident, if during that period the insured person was continuously disabled as a result of the accident. O. Reg. 403/96, s. 25 (1).

(2) The death benefit shall provide for the following payments:

1. A payment to the insured person’s spouse of,

i. $25,000, or

ii. if the optional death and funeral benefit referred to in section 27 has been purchased and is applicable to the insured person, the amount fixed by the optional benefit.

2. A payment to each of the insured person’s dependants, and to each person to whom the insured person had an obligation at the time of the accident to provide support under a domestic contract or court order, of,

i. $10,000, or

ii. if the optional death and funeral benefit referred to in section 27 has been purchased and is applicable to the insured person, the amount fixed by the optional benefit.

3. If no payment is required by paragraph 1, an additional payment to the insured person’s dependants and the persons, other than a former spouse of the insured person, to whom the insured person had an obligation at the time of the accident to provide support under a domestic contract or court order, to be divided equally among the persons entitled, in an amount equal to $25,000 if the accident occurred before October 1, 2003 or, if the accident occurred on or after October 1, 2003,

i. $25,000, or

ii. if the optional death and funeral benefit referred to in section 27 has been purchased and is applicable to the insured person, the amount fixed by the optional benefit.

4. A payment of $10,000 to each former spouse of the insured person to whom the insured person was obligated at the time of the accident to provide support under a domestic contract or court order.

5. A payment of $10,000 to,

i. a person in respect of whom the insured person was a dependant at the time of the accident,

ii. the spouse of a person in respect of whom the insured person was a dependant at the time of the accident, if the spouse was the insured person’s primary caregiver at the time of the accident and the person in respect of whom the insured person was a dependant at the time of the accident dies before the insured person or within 30 days after the insured person, or

iii. the dependants of a person in respect of whom the insured person was a dependant at the time of the accident, if no payment is required by subparagraph i or ii, to be divided equally among the persons entitled. O. Reg. 403/96, s. 25 (2); O. Reg. 114/00, s. 3 (1); O. Reg. 281/03, s. 8 (1); O. Reg. 314/05, s. 3 (1-3).

(3) No payment shall be made under this section to a person who dies before the insured person or within 30 days after the insured person. O. Reg. 403/96, s. 25 (3).

(4) If at the time of the accident the insured person had more than one spouse who is entitled to a payment under this section, the payment shall be divided equally among them. O. Reg. 403/96, s. 25 (4); O. Reg. 114/00, s. 3 (2); O. Reg. 314/05, s. 3 (4).

(4.1) If at the time of the accident the insured person was a dependant in respect of more than one person who is entitled to a payment under this section, the payment shall be divided equally among the persons in respect of whom the insured person was a dependant. O. Reg. 281/03, s. 8 (2).

(5) If requested by the insurer, a person who conducts an autopsy of the insured person shall provide a copy of his or her report to the insurer. O. Reg. 403/96, s. 25 (5).

(6) In this section,

“spouse” means a person who was, at the time of the accident,

(a) a spouse, or

(b) if the accident occurred before the definition of “same-sex partner” in Part VI of the Act was repealed, a same-sex partner within the meaning of that Part as it read on January 1, 2004. O. Reg. 314/05, s. 3 (5).

Funeral Benefit

26.

(1) The insurer shall pay a funeral benefit in respect of an insured person who dies as a result of an accident. O. Reg. 403/96, s. 26 (1).

(2) The funeral benefit shall pay for funeral expenses incurred in an amount not exceeding,

(a) $6,000; or

(b) if the optional death and funeral benefit referred to in section 27 has been purchased and is applicable to the insured person, the amount fixed by the optional benefit. O. Reg. 403/96, s. 26 (2).