Filing a Motor Vehicle Accident Claim in Ontario
Filing a Motor Vehicle Accident Claim in Ontario: Protecting Your Rights Without Impacting Your Immigration Status
If you have been injured in a motor vehicle accident in Ontario, you may worry about how your health, job, or financial status will be affected.
If you are not a Canadian citizen, you may face an additional problem and find yourself wondering whether your immigration status could also be affected by filing a personal injury claim.
The good news is that an individual’s right to seek compensation for their injuries does not interfere with their immigration status in Canada.
If you are not a Canadian citizen and are involved in a car accident in Ontario, you can move forward with your claim without a fear that it would adversely impact your status in Canada.
Your Rights Following a Motor Vehicle Accident
In Ontario, if you have sustained injuries in a motor vehicle accident, you can seek compensation through the following primary processes:
1. Accident Benefits: These benefits are available to everyone involved in a motor vehicle accident, regardless of fault assignment. They help cover medical expenses, lost income, and other related costs.
2. Tort Claim: If you were not at fault in a motor vehicle accident, in addition to Accident Benefits, you have the option of filing a tort claim to seek further compensation, for grievances such as pain and suffering, and costs that surpass the coverage offered by Accident Benefits.
Getting started is simple! To claim accident benefits, you must notify your insurance provider. If you are eligible to file a tort claim, it is best to seek legal advice from a personal injury lawyer who will guide you through the claiming process.
Your Immigration Status Is Safe
Federal and provincial legislation in Canada have been designed to maintain fairness for all individuals. Thus, compensation can be provided for personal injuries caused by a motor vehicle accident regardless of one’s immigration/residency status. The details surrounding an accident and the resulting injuries are the main focuses of Insurance providers and courts involved in a personal injury case.
Example
The following hypothetical scenario can help you understand the application of the laws and concepts covered so far:
Parvin is a student from Iran who studies in Ontario.
On a beautiful Friday morning, Parvin was driving to her part-time job when another vehicle struck her from behind. The accident left her with a neck injury that required treatment and forced her to take time off work and school. Parvin worried that filing a claim might affect her student visa or her future plans to become a permanent resident in Canada.
Parvin decided to consult a personal injury lawyer, who advised that she had the right to file for accident benefits and, because she was not at fault, she could also pursue a tort claim. The lawyer reassured Parvin that her immigration status would not be affected by her claims for compensation. Relieved, Parvin proceeded with her claims, received compensation, and continued her studies in Canada without any issues.
Parvin’s story demonstrates that you have a protected right to seek compensation for injuries resulting from a motor vehicle accident in Ontario; the law ensures that you can pursue a personal injury claim without risking your status in Canada.
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