What are My Rights After a Recreational Vehicle Accident in Ontario?

Recreational vehicles offer Ontario residents the opportunity to explore the province either on- or off-road. Popular options include all-terrain vehicles, snowmobiles and motor homes. An accident involving such a vehicle can result in devastating injuries and significant financial considerations for a victim and his or her family.

You have certain rights in the event you or a loved one suffers injury in a recreational vehicle accident, such as a motor home collision.

Below are three of your most important rights as you face the road to recovery.

1. You Have the Right to Statutory Accident Benefits

You have the right to statutory Accident Benefits as a person involved in a motor vehicle accident in Ontario. The Ontario Insurance Act’s Statutory Accident Benefits Schedule outlines these benefits. They are offered regardless of whether you were partially or completely to blame for the accident. You may not, however, be able to recover some types of Accident Benefits if you were in violation of certain laws at the time of the crash.

Among the Accident Benefits to which you are entitled:

• Medical and Rehabilitation Benefits – You may recover money to address your accident-related medical costs, above and beyond what you recover from OHIP or a private health insurance policy. The amount of your benefit depends on the severity of your injuries. For example, a minor injury – such as a sprained ankle – may qualify for up to $3,500. Meanwhile, a non-minor injury – such as a broken leg – may qualify for as much as $50,000 in medical benefits. A catastrophic injury – such as a traumatic brain injury or amputation of an arm – may qualify for as much as $1 million in benefits.
• Attendant Care Benefits – You may have the right to recover money to offset the cost of in-home nursing care or residence in a long-term care facility. This right extends only to those who have non-minor or catastrophic injuries. The amount of the benefit is dependent on the classification of accident injuries. For instance, catastrophic injuries qualify for more compensation than a non-minor injury.
• Income Replacement Benefits – You may have the right to money to offset the cost of being unable to work. This right applies only when you are physically unable to work due to accident injuries.

You may have the right to receive additional benefits for visitor’s expense and more. You may have the right to collect Death and Funeral Expenses if you lost a loved one in a recreational vehicle accident.

2. You Have the Right to File Suit against a Negligent Party

You may have the right to file a tort action – or lawsuit – against a negligent party who is liable for your accident or injuries. This can include the driver of another vehicle or a liable third party.

3. You Have the Right to Hire a Personal Injury Lawyer

You have the right to consult a personal injury lawyer to learn more about your options for financial recovery. You also have the right to hire a lawyer to act as your advocate in pursuit of a correct classification of accident injuries and in initiating a tort action. Learn more during a free case evaluation by calling 1-800-JUSTICE®