Can I sue? Putting the “fault” back into no fault insurance

Too many Ontarians think “no fault” means “no consequences” but that’s just not true.

Fault does still matter because it determines whether the accident will go on your insurance record and if your insurance premiums will go up.

Personal injury lawyers have another perspective to share. For them, fault matters because it allows a victim to sue the responsible party for compensation. Ontario’s auto insurance system is really “partial no fault.” Anyone who is injured in a car accident has the right to basic covered benefits, such as medical care and rehab, to a pre-determined amount. “no fault” simply means you go to your own insurance company for these benefits, regardless of who was responsible for the accident.

But these amounts don’t compensate you for income loss or medical and personal care expenses beyond your no fault limits. You do have the right to sue the responsible party for the extra compensation you need. That is why it’s only a partial no fault system.

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