Car Accident Lawyer.
Zayouna Law Firm specializes in car accident law and tort claims.
We help you recover damages from the devastating impact of a car accident.
Being a good driver does not completely guarantee safety on the road.
Even the best, safest drivers can get into accidents. It only takes one drunk or distracted driver to change your life forever.
Every driver is required by law to carry auto insurance. But with over 36,000 collisions in Ontario each year and not all drivers carrying nearly enough liability benefits, the price of recovery — or life itself — is a lot steeper.
Zayouna Law Firm specializes in car accident law and tort claims. We help you recover damages from the devastating impact of a car accident. You and your loved ones should not bear the lifelong cost of a car crash: a lifetime of pain, suffering, and a lasting emotional and financial burden.
A TRUSTED RECORD
OF ADVOCACY AND RESULTS
FOR CLIENTS
When you think of a car accident claim, the first thing that might come to mind is an insurance claim to repair your vehicle.
However, there is more to understand about car accident claims. If you are involved in a serious accident, you should report the incident to your insurance company as soon as possible. Through your insurance or the insurance of the other drivers involved, you can receive compensation to cover the damages to your property and expenses associated with any severe injuries you have incurred.
In Ontario, all car insurance policies are required to include Statutory Accident Benefits. These no-fault benefits are required so that individuals injured in car accidents can receive prompt financial assistance from the insurance company to help pay for medical bills, funeral costs, and other expenses related to injuries caused by the accident.
Statutory Accident Benefits are nice, but there are limits on what you can claim which may be insufficient to cover your damages. These benefits are limited to cover the following expenses with some opportunity to expand the limits with optional coverage:
LEGAL STRENGTH. HUMAN CARE.
Car Accident Tort Claims
In addition to car accident claims through your insurer, you may have the right to pursue a tort claim against the at-fault driver or other third party who may be responsible for the accident. A tort claim is a civil lawsuit against an individual or organization whose negligence caused the car accident.
Through a car accident tort claim, you can receive additional compensation for your losses or damages that go far beyond statutory accident benefits. The total amount that you can receive for a tort claim will depend on the severity of your injuries and the cost of treating them.
Why You Need to File a Tort Claim for a Car Accident
The price of a driver’s negligence is deadly — one you should not have to pay with your own life. The compounded effects of physical injuries and lasting trauma, medical and rehabilitation expenses, and lost wages and future earnings can leave victims and their families feeling confused, hopeless and lost. Added to this is the stress of a tedious insurance claims process and the long wait until benefits are paid.
Criminal Charges
vs. Tort Claim
While driving under the influence or distractedly are crimes, seeking justice in the form of a criminal verdict can also be a long and fraught process. A criminal suit alone does not guarantee enough compensation for the losses you and your loved ones have incurred in a car accident.
To claim damages you are entitled to under the law, seeking legal action is important to restoring your quality of life. Remember that you only have 120 days to notify the at-fault driver of your intent to sue and two years to commence a lawsuit.
Failing to exhaust your legal options can be the difference between recovering full accident benefits and a lifetime of lasting emotional and financial impact on you and your loved ones.
A PROVEN RECORD OF RESULTS
Talk With Our Legal Team
If you have any questions and would like to schedule a call with our legal team for a FREE no-obligation consultation, contact us now. During this call, you can ask any questions as it relates to your accident and/or claim and we’ll discuss your options and possible outcomes.
Don’t delay – call us. Our lines are open 24/7.
Anyone who has been injured in a car accident can file a car accident claim.
This includes drivers, passengers, pedestrians, cyclists, etc.
If you or the at-fault driver have a car insurance policy, you can file for Statutory Accident Benefits by filing a claim through this insurer. If no one involved in the accident has insurance, you may still be able to receive benefits through the Motor Vehicle Accidents Claim Fund – a government fund created specifically for accidents with uninsured drivers.
Direct vs. Indirect Victims
In car accident claims there are direct victims and indirect victims. Direct victims are those who have experienced injuries directly related to the car accident, especially spinal cord injuries, traumatic brain injuries etc. Indirect victims are those who were not involved in the car accident but have experienced loss or damages caused by the accident. The most common example of an indirect victim is the spouse or dependent of someone who lost their life in a car accident.
Through the Statutory Accident Benefits, indirect victims can access death benefits as well as recover compensation to cover the medical and rehabilitation benefits and funeral costs of the deceased. Indirect victims may also be able to file a car accident tort claim for losses such as:
- Costs associated with caring for the victim, including lost income while acting as a caregiver
- Loss of income the deceased would have provided the family
- Loss of consortium
- Funeral expenses
Criteria for Filing a Claim
There are relatively few criteria for filing a claim for accident benefits. If you are an Ontario resident and you were injured in a car accident, you can file a claim for benefits. The details of the coverage available will depend on your specific circumstances.
The criteria for filing a car accident tort claim are a bit more specific. To be eligible to file a tort claim the following must be true:
- Injuries sustained must be serious enough to cause permanent deformation or impairment
- Injuries must be caused by the accident
- The defendant must have had a duty of care to the plaintiff
- It should be evident that the defendant breached that duty of care
- The plaintiff must be able to provide evidence to support the above claims
Types of Car Accidents and Catastrophic Outcomes
Were you or a loved one recently involved in a car accident? The nature of a life-altering collision is important in determining who is at fault, as well as the damages you are entitled to. Common car accidents include:
- Driving under the influence
- Distracted driving
- Failure to obey traffic signals
- Speeding
- Failure to heed weather and road conditions
- Driver fatigue
- Improper lane changes
- Vehicle and parts defects and neglected maintenance
- Improper cargo loading.
These can lead to catastrophic outcomes, such as:
- Death
- Spinal cord damage and/or paralysis
- Fractures and torn ligaments
- Herniated discs
- Burns and disfigurement
- Limb amputations
- Injuries to vital internal organs, spinal cord injuries and internal bleeding
- Traumatic brain injury and/or cognitive impairment.
Gaps in Auto Insurance Accident Benefits
Car accident lawsuit requires drivers to carry auto insurance, with basic coverage for third-party liability, direct compensation for property damage, and coverage for serious car accidents caused by uninsured or underinsured motorists.
Insurance companies dispute, minimize and even deny otherwise valid claims, resulting in emotional, physical, and financial impacts. Even with a successful claim, the amount is rarely enough to cover other lasting costs of a car accident, such as long-term care and lost wages.
Car Accident Damages
No amount of money can bring back a loved one lost to a car accident, nor identify the full extent of such a catastrophic event. A legal claim can help substantiate your losses and alleviate some of the emotional and financial burdens. You can claim for:
- Medical treatment bills
- Therapy and rehabilitation
- Lost wages and earning potential
- Attendant care
- Home accessibility modifications
- Housekeeping and home maintenance.
The Legal Process Post Car Accident
Unfortunately, the legal process begins at the scene of the accident. The car accident claims process is made much simpler if you can collect evidence and information at the accident scene. Immediately after the accident, call 911 and try to collect:
- Photos of the damages and accident scene
- Documentation of the events leading up to the accident including how, when, and where it happened. Take note of all details that may be relevant.
- Contact information, driver’s licences, licence plates, and insurance information of all drivers involved
- Police reports
- Recorded or written witness statements and witness contact information
Of course, this is not always possible, in which case you will rely on information and evidence that can be collected after the fact like police reports and video evidence. However, the more evidence you can collect, the better. Immediately after the accident, you should seek medical attention for any injuries sustained. Keep a record of all medical costs incurred for treatment, rehabilitation, diagnosis, etc.
Navigating the Insurance
Claims Process
Try to file the accident report with your insurer as soon as possible after the accident. Insurance claims should be filed within seven days of the accident, but ideally within 24 hours. To file an insurance claim you will need:
- Your policy number
- Make, model, year, registration, and licence plate number of the vehicle
- Driver names and licence numbers (if the driver was not the registered owner)
- Date, time, and location of the accident
- The extent of damage to the vehicle
- The extent of any injuries
- Number of passengers involved
- Your description of the accident
- Names and driver’s licence numbers of all drivers involved
- Names of insurance companies, and auto insurance policies of all drivers involved
- The name and badge number of the investigating officer – if the accident was reported to police
Once you have filed the accident report, a claims adjuster will contact you with further instructions. If you were injured, you will receive an Accident Benefits application package from the claims adjuster.
The insurance companies will then investigate the accident to determine fault. In Ontario, fault is determined based on a collection of scenarios outlined in Ontario’s Fault Determination Rules. Each driver will be deemed 0%, 25%, 50%, 75%, or 100% at fault, depending on the circumstances of the accident.
If your claim is denied or if you disagree with the fault determination, you can challenge the decision by contacting your insurance company’s complaint officer. If you plan to challenge the insurance decision, you should consult with an experienced car accident lawyer before filing your complaint.
Initiating Legal
Action
If you plan to file a tort claim against the at-fault driver or another third party, you should consult with a car accident lawyer as soon as possible. Bring all of the evidence and records that you have to your consultation to help your lawyer assess your case accurately.
In Ontario, you must provide the defendant with written notice of your intention to file a claim against them within 120 days of the accident. Then, the claim must be filed within two years of the accident as per Ontario’s Limitations Act.
Your lawyer will help you understand your rights following the accident and discuss the next steps. If you proceed with a tort claim, your lawyer will work with you from documentation to legal representation and resolution to help ensure you receive a fair car accident settlement.
Our Law Firms Car Accident Claim Process
Zayouna Law Firm aims to make legal advice and action accessible. See how we can help ease your recovery by claiming car accident damages:
Consultation
Your claim for car accident benefits and damages starts with a free consultation. Our motor vehicle accident lawyers are ready and willing to listen to your recollection of the accident and the following events, such as catastrophic injuries or loss of life. We can advise you if you have a viable claim.
File your car accident claim
Once your claim commences, we represent you in all court proceedings and car accident settlement negotiations. We discuss all aspects of the case with you and your family to help you make informed decisions regarding the next steps. We strive to present exhaustive documentary evidence and expert testimony to build a strong claim for the accident’s physical, emotional, and financial impact.
Resolution
Our goal is to deliver the best outcome substantial compensation in an expedient manner to ease your suffering and help bring peace and recovery. You can trust them to advocate for you at every step, from pursuing denied and delayed insurance claims to seeking damages against the at-fault party. And because our legal fees are contingent, we do not charge if no recovery is made from your claim.
Service Areas
Car Accident Etobicoke
At Zayouna Law Firm, we really take the time and go the extra step to get personally acquainted with our clients and their situations.
Car Accident Toronto
At Zayouna Law Firm, we really take the time and go the extra step to get personally acquainted with our clients and their situations.
Car Accident Burlington
At Zayouna Law Firm, we really take the time and go the extra step to get personally acquainted with our clients and their situations.
Car Accident Brampton
At Zayouna Law Firm, we really take the time and go the extra step to get personally acquainted with our clients and their situations.
Car Accident Mississauga
At Zayouna Law Firm, we really take the time and go the extra step to get personally acquainted with our clients and their situations.
Car Accident Oakville
At Zayouna Law Firm, we really take the time and go the extra step to get personally acquainted with our clients and their situations.
Our Car Accident Tort Claim Expertise
At Zayouna Law Firm, our vast legal expertise goes beyond representing your claim under Ontario’s car accident statutes and legal precedents. We advocate for your best interest — your recovery and total well-being, so you can rebuild your life and attain the justice you deserve.
Results
Zayouna Law Firm has an excellent record of successful car and truck accident claims against insurers and at-fault parties, along with other personal injury suits. Our vast legal expertise is rooted in consistent client advocacy, from your first consultation to every hearing and ongoing settlement negotiations. We stop at nothing to ensure your recovery and substantial compensation.
Relationships
As a testament to our expertise, we are distinguished members of the Ontario Trial Lawyers Association and the Ontario Bar Association. But more importantly, we are active community members who know our clients personally. We take a personalized approach to every case and strive to ensure constant communication and your full participation in the proceedings.
Recovery
Our ultimate goal is your total recovery in an expedient and timely manner. You can trust our car accident lawyers to place your interests above all else and ensure you and your family are adequately compensated for all your suffering. We also connect you with rehabilitation experts to aid your recovery and improve of quality of life.
Contact Zayouna Law Firm Today
The car accident claims process can be long and complicated–don’t go through it alone. Zayouna Law Firm is here to support you through the entire claims process, guiding and representing you at each step.
Our lawyers are dedicated to serving Ontario, with decades of experience helping Ontarians receive fair compensation after a car accident. Our lawyers are a part of the community and we are committed to providing compassionate guidance and advocacy throughout the legal process.
If you or a loved one has been injured in a car accident in Ontario, don’t wait to contact Zayouna Law Firm to book a free consultation.
REAL STORIES. REAL SUPPORT.
Common Questions About Car Accident Claims
Can you sue in Ontario for a car accident?
Yes. If you sustained serious injuries in a car accident, you may be able to file a civil lawsuit (also known as a tort claim) against the at-fault driver or other responsible third party. You may be eligible to receive compensation for medical expenses, loss of income, pain and suffering, and other out-of-pocket expenses.
What is considered a minor accident in Ontario?
In Ontario, minor accidents are accidents with less than $2,000 or property damage, no injuries, and no signs of intoxication or other illegal activity. For minor accidents, you do not have to file a police accident report. Instead, minor accidents should be reported through your regional Collision Reporting Center.
What is a 50/50 at-fault accident in Ontario?
In a 50/50 at-fault accident, each driver has broken a fault determination rule where they are each either 0% or 100% at fault. If you are found 50% at fault, your insurance company will pay 50% of the damages and your policy premiums may increase as a result.
What is the mandatory action to take when involved in an accident?
There are certain things that you must do if involved in an accident:
- Stop your vehicle–failing to stop after an accident is a crime in Ontario.
- Notify emergency services if anyone is injured.
- Report the accident. If damages exceed $2,000 or if there are any injuries the accident should be filed through a police report. If it is a minor accident, you should file it through your local Collision Reporting Center.
- Exchange insurance information with the other drivers involved.
What is the average settlement for a car accident in Ontario?
The average settlement for a car accident in Ontario is $120,000. However, the amount that would be considered a reasonable settlement will vary dramatically from case to case.
Who pays the deductible in car accident cases in Ontario?
You may have to pay the deductible after a car accident in Ontario. You should expect to pay the full deductible unless you are deemed not at fault or only partially at fault for the accident. If you are not at fault for the accident, the deductible will likely be covered under the Direct Compensation Property Damage (DCPD) coverage on your insurance policy.
What is a no-fault accident in Ontario?
Ontario has a no-fault insurance system, but this simply means that if you are injured in an accident, you deal with your insurance company regardless of who is at fault. This is intended to provide fast and easy access to accident benefits to help cover the cost of the injuries.
However, someone is always at fault in a car accident in Ontario. Even if the fault determination deems both drivers 0% at fault, this becomes a 50/50 at-fault accident and the damages are split evenly between the drivers’ insurance.
How Soon Should I Consult a Lawyer After a Car Accident?
You should consult a lawyer as soon as possible after a car accident. Insurance companies require that you notify them within seven days of the accident. You must apply for accident benefits within 30 days. You should notify the defendant of your intention to pursue a tort claim within 120 days. The sooner you consult with a personal injury lawyer, the better your odds of meeting all relevant deadlines for the personal injury claim.
How long after a car accident can you file a claim in Ontario?
Ontario’s Limitations Act allows car accident claims to be filed up to two years after the accident. However, it is in your best interests to file the claim as soon as possible, ideally within 120 days.
What types of evidence are required in a car accident claim?
To claim full accident benefits from your insurance provider or in a tort claim against an at-fault driver, you need to provide exhaustive documentation. These include complete and multiple photos capturing the full extent of property damage, complete medical records, employment and wage data, and other supporting evidence illustrating the car accident’s impact.
How long do I have to file a car accident tort claim?
The time after a car accident is complicated, traumatic, and filled with uncertainty. Your focus is on physical recovery or grief. However, it is vital to stay focused on long-term recovery and quality of life. In Ontario, car accident victims and next of kin have only 120 days of the crash to notify the at-fault driver of intended legal action and two years to commence a lawsuit.
To streamline recovery efforts and reduce the work in compiling documentation, make sure to keep a copy of all photos, records, and other documents submitted to your insurance provider. While filing an insurance claim for benefits, you can also explore legal recourse.
How much damage should I claim in a car accident lawsuit?
It’s impossible to put an exact price on your losses from a motor vehicle accident. An experienced car accident lawyer or a personal injury lawyer will examine your medical bills, wages, property damage, and other costs incurred to quantify the damages and seek this compensation in court. Along with these, your personal injury lawyer can also help quantify and recover damages for pain and suffering, lost earning capacity, and loss of enjoyment of life with the help of financial and medical experts.
SPEAK WITH A PERSONAL INJURY LAWYER TODAY
If you have been injured due to someone else’s negligence, our personal injury lawyers help individuals and families across Ontario understand their legal options and pursue the compensation they deserve.