Anyone injured in an Ontario motorcycle accident is entitled to no-fault accident benefits under their auto insurance policy. This means that even if you are at fault for an accident, you are still eligible for accident benefits.
Medical and rehabilitation benefits, income replacement benefits, non-earner benefits, and attendant care benefits are among the accident benefits to which you may be entitled. If you are determined to have a “catastrophic impairment,” you will be eligible for these benefits for the rest of your life, including housekeeping and case management services.
If a motorcycle accident kills someone, accident benefits cover funeral costs as well as “death benefits” for the surviving spouse and dependents.
In addition to accident benefits, you may be able to file a “tort” lawsuit against the party at fault. A tort claim may result in compensation for pain and suffering, past and future loss of income, health care expenses, and housekeeping and gardening expenses.
According to the Family Law Act, R.S.O. 1990 c. F.3, the family members of an injured victim may also file a “tort” lawsuit for their loss of care, guidance, and companionship from the injured victim.
It is important to note that a motorcycle accident lawsuit must be filed within two years of the accident. Failure to do so may preclude you from bringing a lawsuit.