After you are involved in a motor vehicle accident, you have two avenues of recovery. One is called accident benefits, and the other is a lawsuit, also called a tort claim. An accident benefit claim can be brought regardless of whether the accident was your fault or someone else’s. If you have your own automobile insurance, you contact them and they will open a claim and send you application forms to complete. If you are not insured, you need to commence an accident benefit claim with the insurer for the other driver. There are also other scenarios where other insurers or parties may need to be contacted. Dealing with a personal injury lawyer will ensure that you contact the right party and start your claim in a timely manner. Waiting can be detrimental to your claim.
An accident benefit claim provides you with funding for specific benefits such as income replacement benefits or non-earner benefits, and funding for treatment. If your injuries are severe, the accident benefit funding will be a crucial source of payment for immediate treatment needs.
The other avenue is bringing a lawsuit, or tort claim, against the person(s) who were at fault for the accident. You have two years from the date of the accident to bring a tort claim, so that process can wait a bit while you commence your accident benefit claim. A tort claim allows you to seek compensation for pain and suffering damages, any income loss beyond what you can collect from the accident benefit claim, and any treatment expenses beyond what you can collect from the accident benefit claim.
The accident benefit claim provides you with benefits as they are needed, such as weekly income replacement and funding for treatment when it is incurred. It is crucial while you wait for your tort claim to play out. The tort claim asks for damages that will be determined and paid only when the tort claim resolves, either by settlement or judgment at trial.
This is the most basic description of the options for recovery after a motor vehicle accident. There are many other factors and considerations at play. A personal injury lawyer can walk you through the process in detail and make sure you are in the best position to receive fair compensation for your injuries and limitations.
