It was when “No fault insurance” was introduced in Ontario all the way back in 1994 when people started to think differently about car accidents. The truth is that this is an impression that suggests that fault doesn’t really matter. Of course, this is far from being true. Even though the name has admittedly misleading connotation to it, it does really matter who caused the accident in actuality.
With this said, personal injury lawyers, who are most commonly going to represent people hurt in a car accident, have a slightly different perspective to share. They are saying that it’s quite unfortunate as the term actually suggests as if the lawsuit is actually off the table. It sounds like a propaganda which has been set out to protect the insurance companies.
And, when you think about it – it’s absolutely true. We hear about it all the time. People that lawyers meet to discuss different kinds of injury are going to go so far to suggest that no one is allowed to sue because of this particular rule. And, even though this is not the situation in reality, it is something that takes time for them to convince people. The term “no fault” merely suggests that you are entitled to go to your insurance company to seek partial compensation for your accident damages without a regard of who was actually responsible for said accident – it’s as simple as that. However, the benefits that you have rights to under this particular rule are dramatically reduced.
If you want to get compensation for pain and suffering, for medical and also for personal care that follows the serious accident or for potential loss of income, you are unlikely to get the necessary coverage. This is where you can still sue the person who is at fault for the additional amount that you need. This is why it’s said that there is a “partial no fault” rule set forth in Ontario.
When it comes to the lawsuit or the the demand of filing one, both parties have to submit evidence, supporting their claims. If you are the one who claims to be under no fault, you have to establish that the other party has caused the accident and vice versa. This is something quite important and you’d most definitely have to account for it when it comes to it. In any case, there is no rule which forbids you from filing a claim – the no fault rule has the only intention to make sure that you receive the necessary compensation, even if you have been found guilty as this is something that you have been paying to the insurance company for. That is why it is best to discuss in detail with personal injury lawyer in Huntsville before filing a claim.