In Ontario, when someone is injured in a motorcycle accident, they may have two insurance claims available. The first claim will involve your own insurance company and the second claim involves the other driver or vehicle's insurance company. These are often referred to as the Accident Benefits Claims and Tort Claim. The insurance claims process for each are different, and they have specific time limits. The type and quantum of compensation also differs between the accident benefits claim and tort claim following a Toronto motorcycle accident.
The Accident Benefits insurance claim following a motorcycle accident, does not take into account fault for the accident. That is, a motorcyclist injured in a Ontario motorcycle accident will be entitled to compensation even if they are at fault for causing the motorcycle crash. On the other hand, in the tort insurance claim, liability in an Ontario motorcycle accident is based on comparative negligence. As such, even if the motorcyclist may share some fault for the accident, the motorcyclist may still be able to recover compensation against the other driver's insurance policy. In these cases, there may be a deduction that is proportionate to the respective fault of the motorcyclist.
Our personal injury law firm represents motorcyclists who are injured by drivers in Ontario motorcycle accidents. We assist injured motorcycle riders throughout the province of Ontario, including in Toronto, Richmond Hill, Vaughan, Markham, Barrie, Peterborough and Oshawa. We will investigate the circumstances of your motorcycle accident in order to achieve the maximum compensation for you.
To learn more about your rights following a motorcycle accident, contact our Toronto personal injury law firm for a free consultation. An experienced motorcycle accident lawyer will meet with you and discuss your rights.