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ARTICLE · 18 DECEMBER 2024

Three Common Misconceptions About Motor Vehicle Injury Cases In Ontario

Siskinds LLP
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Personal injury cases in Ontario arising from motor vehicle collisions are often misunderstood.

CanadaLitigation, Mediation & Arbitration
Joe Gaynor
Joe Gaynor
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Personal injury cases in Ontario arising from motor vehicle collisions are often misunderstood. These misconceptions can prevent injured victims from asserting their legal rights or managing realistic expectations about their claims. Here, I address three of the most common misunderstandings.

1. Misconception: "I will get rich from my injury claim."

Reality: Personal injury compensation in Ontario is designed to restore an injured person to their pre-accident condition as much as possible, not to provide a financial windfall. Damages are carefully calculated based on actual losses, including medical expenses, lost income, and pain and suffering. For motor vehicle collisions, the Insurance Act imposes thresholds and deductibles on non-pecuniary damages (pain and suffering), which reduce the amount of compensation for less severe injuries. For example, in 2024, there is a deductible of $46,053.20 for pain and suffering awards valued under $153,509.39.

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