Right to Sue
For car accidents, fault generally means finding negligence on the part of another driver that caused or contributed to the accident. Speeding, failing to obey a stop sign, failing to yield the right of way are all examples of negligent acts that might cause an accident.
Other negligent circumstances that can cause or contribute to an accident may be things like roads in a poor state of repair, defective manufacture of vehicles, or taverns that allow drunken patrons to drive away onto public roads.
If the accident was caused by the negligence of a driver, vehicle owner, or person present at the scene, the right to sue has significant limits. Most accidents will fall into this category. Basically the limits are as follows.
For accidents before October 1, 2003:
You can sue for pain and suffering only if your injury meets a test (or "threshold") involving fatalities; permanent serious impairments of important physical, mental or psychological functions, or permanent serious disfigurement. If you do meet this test, the amount of pain and suffering compensation is reduced by a "deductible" of $15,000.00. You can sue for past loss of income, but only up to 80% of after tax income. You can claim 100% of gross income loss for future losses (those that will be incurred after trial or settlement).
You can't sue for medical or health care expenses unless you have suffered catastrophic injuries.
Family members can sue for "loss of care guidance and companionship" and related expenses, but their claims are subject to a "deductible" of $7,500.
For accidents after October 1, 2003:
The "threshold" has now become a lot more complicated with a two-page regulation describing what the words mean, and the kind of proof necessary to establish that you meet the threshold
The "deductible" from pain and suffering compensation has been increased to $30,000! and $15,000 for family members
You can now sue for health care costs if you meet the threshold rather than "catastrophic injuries" - although the government has made the threshold much harder to prove
The right to sue for lost income remains the same
If the "at-fault person" was an unprotected person, such as a manufacturer, government authority, or tavern, you can sue without regard to these restrictions.
There are a lot of procedural requirements to be met if you want to pursue this type of claim, including notice provisions, providing medical and income information at an early stage, and possibly be required to attend at an insurer's medical examination. In any event, a lawsuit against private persons or companies must be started within 2 years of the accident. Lawsuits against municipalities and other public authorities must be started much sooner (ranging from 3 to 6 months). In fact for claims for defective road repair, written notice must be provided to the city or province within a few days of the accident.
If you failed to have insurance on your vehicle, even if you were not at fault for the accident, you cannot sue at all.
