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There are two types of claims to be filed when you are in a car accident. The accident benefit claim and the tort claim, a lot of people are unaware of the latter one. These two claims offer benefits for the multiple reasons a person may find that they are financially unstable after a car accident. However, each type of claim offers benefits for different things. It is important to understand the differences between the two.
No-Fault Claim
An accident benefit claim can be considered a no-fault claim. This is what is filed to your own personal auto insurance whether you were at-fault for the accident or not. Your primary auto insurance company is responsible for paying you the auto benefits that are due you. Auto benefits are expected to cover any medical benefit that is not covered by OHIP, benefits for attendant care if you need help in your home because of the injury, income replacement for any lost wages, death and funeral benefits, as well as any out-of-pocket expenses such as medication and transportation to and from medical appointments. There are of course varying degrees of benefits available and the expected pay-outs are constantly changing. To lower premium costs an insurer will lessen the benefits that they offer. Anyone who is interested has the option to buy an additional policy for more benefits.
More about tort claim
The other claim that is to be filed is the tort claim. This is actually commonly considered the benefit for auto accidents by people who are unaware of all their options. This can be considered the at-fault claim. This is where you technically sue the at-fault driver for your pain and suffering due to the accident. The tort claim is meant to make up for any outstanding cost that your accident benefit claim did not cover. Medical expenses, home expenses, future expenses related to your injury, the list goes on regarding what could potentially be used to consider a dollar amount in completing a tort claim. However, injuries must be deemed serious and permanent in order to win benefits of a tort claim and if you do win, you will only receive whatever is left of your recompense after the $36,000 deductible is met. Often times a plaintiff is either deemed fit and unable to receive benefit or they don’t even receive enough of one to pay the deductible which basically leaves them with nothing.
Despite the difficulties in filing claims for auto accidents it is important that you do so. If you have active auto insurance you will at least have access to some monetary benefits following your car accident. Anything will help when it comes to the financial burden an injury causes. As for the tort claim you should at least file and see if you qualify for anything. This is the most difficult claim to successfully claim on but you never know until you try.