Being injured in a motor vehicle accident is invariably a stressful experience—and, when you are injured in a car accident as a passenger, it can be especially so. For example, some personal injury claimants who are passengers in a motor vehicle involved in an accident may not have their own insurance coverage, leading to questions regarding how and whether they will be covered for resulting injuries and losses. Whether you are travelling in a vehicle with friends, participating in a rideshare program, or taking a taxi or Uber, know that you still have rights relating to coverage and compensation.
This blog post will cover some of the common types of accidents where the victim is a passenger in a motor vehicle and the legal processes that apply to such personal injury claims. It will provide insights into what to expect and how to move forward after being injured in an accident.
Motor Vehicle Accidents and the Statutory Accident Benefits Schedule
If you are injured in a motor vehicle accident in Ontario and require medical or rehabilitative treatment, you are generally entitled to receive medical and income replacement benefits under the provincial Insurance Act without having to wait for your case to settle or go to court.
Injured claimants are entitled to all “reasonable and necessary” medical expenses relating to accident injuries. These benefits cover common treatments, like physiotherapy, psychological services, and occupational therapy. The Statutory Accident Benefits Schedule offers a detailed list of covered treatments. Injured parties will also be entitled to income replacement benefits if they satisfy certain requirements.
Keep in mind that your entitlement (or lack thereof) to statutory accident benefits does not preclude you from bringing a personal injury claim against a negligent driver—rather, statutory accident benefits are simply one form of compensation that passengers in personal injury claims will pursue when seeking compensation following an accident.
How Do Statutory Accident Benefits Work For Passengers?
Passengers injured in motor vehicle accidents have unique considerations when it comes to claiming statutory accident benefits. If you have your own automobile insurance policy (for example, where you have your own vehicle but, at the time of the accident, were travelling as a passenger), you are entitled to claim statutory accident benefits under your own insurance policy, regardless of who was at fault for the accident.
However, many passengers involved in accidents may not have their own insurance policy. In these cases, the passenger in a personal injury claim may still be able to claim statutory accident benefits from the driver or another party involved in the accident. To do so, however, they will need to start a personal injury claim against one or more of the parties involved in the accident to claim benefits and seek compensation.
Benefits for Uninsured Passengers
Depending on the circumstances, an uninsured passenger in a personal injury claim may need to consider different options, as discussed below.
Uninsured Passengers in Private Vehicles
If the passenger was travelling in a private vehicle, they will usually be able to claim benefits by bringing an action against the driver of the vehicle, or another party involved in the accident. The Insurance Act sets out guidelines on determining which party’s insurance will cover statutory accident benefits in these cases.
Uninsured Passengers in Uber and Lyft Vehicles
Rideshares, like Uber and Lyft, are becoming an increasingly-popular method of transportation. If a passenger was travelling in a rideshare, they may be able to obtain benefits through the rideshare program’s commercial insurance policy.
Uninsured Passengers in Taxis
Like rideshares, taxi companies carry commercial insurance policies that protect their drivers—and provide passengers with access to compensation—in the event of an accident. For the purposes of claiming statutory accident benefits, however, these commercial insurance policies can create limitations for injured passengers. An uninsured party may not be entitled to claim statutory accident benefits if they are injured in an accident involving a taxi (though this does not prevent the injured party from bringing a personal injury claim).
Uninsured Passengers and the Motor Vehicle Accident Claims Fund
In Ontario, the Motor Vehicle Accident Claims Fund may provide compensation to a person if they are injured in a motor vehicle accident where none of the parties involved had motor vehicle insurance. The Motor Vehicle Accident Claims Fund is designed to be a last resort for individuals who are unable to obtain compensation elsewhere.
Bringing a Personal Injury Claim as a Passenger
Your entitlement to statutory accident benefits (whether you are insured or uninsured) does not prevent you from bringing a personal injury claim against other parties involved in the accident to seek compensation for your injuries.
The question, then, becomes who you should bring a claim against. In every motor vehicle accident, the appropriate party or parties to name as a defendant to a lawsuit can vary, particularly if you are injured due to the negligence of a rideshare or taxi driver.
This is why hiring an experienced motor vehicle accident lawyer is critical, as they will be in the best position to advise on your entitlement to statutory accident benefits and which parties to bring a claim against.
Campbell Litigation Provides Trusted Representation to Passengers Injured in Motor Vehicle Accidents
Being involved in a motor vehicle accident can have lasting effects on your mental well-being and physical health. In a situation where you are a passenger in a vehicle that is involved in an accident, it can be complicated to determine your entitlements to benefits and compensation. Contact the Waterloo personal injury lawyers at Campbell Litigation to arrange an initial consultation to learn more about your options and how to move forward. Reach out to us online or by phone at 519-886-1204 to speak with one of our team members.
