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Category Archives: Vehicles

Injured in an accident as a pedestrian – know your rights!

Injured as a pedestrian in a car accident in Ottawa or in Ontario? Did you know that pedestrians are presumed not at fault in pedestrian-car accidents? Motor vehicle drivers have a duty to drive diligently. When two vehicles collide, the plaintiff often has the duty to prove the defendant driver was driving negligently to prove his case; in other words, the plaintiff has the onus of proving his case. However, if a motor vehicle hits a pedestrian, the driver must prove he was not driving negligently; a driver is presumed negligent until he proves otherwise. This shift in the onus of proof is codified in section 193(1) of the Highway Traffic Act, RSO 1990, c H.8 and it applies to all highways. In a case of pedestrian versus …

disability claims

Involved in a car accident in Ottawa, Ontario and need to fill out insurance forms?

Motor Vehicle Accidents in Ontario and OCFs : Auto Insurance Claims Forms When someone is injured in a motor vehicle accident, there are two possible actions. The injured person may sue the at-fault driver and may at the same time apply for Accident Benefits (AB). ABs are the benefits included in any motor vehicle insurance policy; eligibility is not contingent on being at-fault for the accident. The basic benefits are Medical and Rehabilitation Benefits, Income Replacement Benefits, as well as Death and Funeral expenses. More extensive insurance policies may have higher coverage as well as Caregiver Benefits and Housekeeping and Home Maintenance Benefits. When an insurance company is notified of a motor vehicle accident, they will send an information package with Auto Insurance Claims Forms (OCFs) to their …