Tort claims are filed against the tortfeasor or insurer of the at-fault party. To pursue a tort claim, physical or psychological injuries must be of a serious or permanent nature and are intended to provide the victim with compensation for pain and suffering, past and future loss of income, and future medical costs.
Statutory accident benefits refer to no-fault benefits that must be included in all Ontario auto insurance policies. This clause allows an individual injured in a car accident, regardless of fault, access to rehabilitation and medical benefits, income replacement, and other benefits to assist their recovery. These accident benefits are not viewed as compensation for sustained injuries but rather as assistance during recovery.
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