The law has completely changed over the last several years regarding motor vehicle accident injury claims.  If you are injured in a motor vehicle accident, there are deadlines and limitation periods that you have to be aware of immediately or you may lose your right to sue.

Let's look at the ABCs of your insurance policy first to explain what it is all about:

Section A -- this is your liability coverage, (mandatory) should you cause an accident.  Most of us carry $1,000,000 or $2,000,000 worth of coverage.  This is the section that the injured person would claim on your insurance if you were at fault.  This is the section that you will be claiming on the at-fault's policy for your bodily injury.

Section B -- this is your treatment coverage, (mandatory) should you be involved in an accident, fault or not.  There is $50,000 worth of coverage for physio, chiropractic, massage, ambulance costs, prescription costs and dental (if related to MVA). These benefits are also available to your passenger or pedestrian, if they were injured in or by your car.  BUT -- one must file a claim with your Section B adjuster within 7 days of the accident!

Section C -- this is your collision coverage (optional) for your vehicle damage.  If you have this coverage, then your vehicle is repaired immediately regardless of fault or liability.   If the accident is not your fault, your car is fixed (without paying a deductible) and then your insurance company goes after the at-fault driver's insurance for reimbursement.  If the accident is your fault, then you pay your deductible and your car is fixed.  If you do not have collision coverage, you may have to wait weeks or months for the other insurance company to repair your car.

 

LIMITATION DATES:

1.   Section B benefits -- you must apply within 7 days of the accident.

2.   Bodily Injury claim -- you have 2 years from the date of the accident to commence litigation.

 

TREATMENT:

Since the onus will be on you to prove that you are actually injured as a result of the motor vehicle accident, you will need to provide medical evidence of your injuries.  Seeking medical treatment is the first thing you need to do as soon as possible.   See your own doctor and if he or she does prescribe physiotherapy then you must do that.  Yes, it costs money, but remember your Section B benefits give you access to $50,000 worth of treatment.  So take advantage of the benefits and get the treatment.  If you have benefits at work, you must use those first, and when they run out, then your Section B benefits will kick in.  Either way, you must get the treatment so you can start to heal.

 

Remember:  people who are not injured do not see their doctors.  If you have no medical evidence, you have no case.