Tort Claims (Third Party Claims)

You can only make a tort claim if you are the victim of another person’s negligence. A tort claim is a claim for, but is not limited to, the following:

  • Expenses not paid by your insurance company as accident benefits but have arisen as a result of injuries from your motor vehicle accident;
  • Past and/or future income loss;
  • Loss of opportunity to earn income due to injuries;
  • Pain and suffering.

If you are the victim of another person’s negligence relating to your car accident and have suffered injuries as a result, the legislation governing motor vehicle accidents also requires that your injuries pass a certain threshold to make a tort claim; that is, the injuries must have resulted in:

  • Death;
  • Permanent and serious disfigurement; 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.
A tort claim must be filed no later than two years from the date of loss.
Pain and suffering:

Any compensation you receive for pain and suffering is subject to a $30,000.00 deductible. Any compensation received in excess of $100,000.00 for pain and suffering is not subject to the $30,000.00 deductible. You might have a deductible of $15,000 for Family Law Act claims.

Lost of Earnings-

Claim for lost income, future lost income, inability to earn income, loss of over time or competitive opportunities in the work-place, other out of pocket expenses and business losses without the need to meet the threshold.

These claims are not subject to the $30,000.00 deductible.

Cost and out–of–pocket expenditures-

For medications, travel costs to and from medical and rehabilitation appointments. These claims are not subject to the $30,000.00 deductible.

Other expenses not covered by Accident benefit claim may include modifications at your home, assistance devices such as motorized chairs, in –home hospital equipment, retraining and specially workplace equipment, all of which you may require in order to bring you as close to your pre-accident abilities as possible. These claims are not subject to the $30,000.00 deductible.

Other steps need to take place in order to maintain your claim against the at-fault driver-
  1. If you have been injured it is mandatory to put the at-fault parties on notice of your personal injury claim within 120 days of the incident. This process includes sending the party a letter with the details of the incident and of your injury. They will then send the details of the incident to their insurance provider. Insurance companies look into the circumstances surrounding the accident and will gather more details about your injury. The adjuster assigned to your case will investigate your accident and seek further witnesses, or other parties who may have been involved with the accident. The adjuster will then take their findings and report to the insurance company. You are not obligated to speak with an adjuster for the party at-fault.
  2. You do need to co-operate with your own insurance carrier. The adjuster may ask you to provide a signed statement or interview regarding your accident and injury.
  3. They may also ask you to sign off on permission to access your medical records and employment records.
  4. It is highly recommended that you consult with Eshel Law Firm prior to signing off on any of these authorizations.