Best Consumer Protection Lawyers in Windsor, ON

Who Gets Sued for Damages Resulting From a Car Crash Claim? Car crashes cause a lot of inconvenience and expense, especially for the injured victims. Unfortunately, trying to recover damages is often confusing and complicated. Do you sue the driver who caused your crash or the insurance company? In Canada, you normally do not have to file a lawsuit at all. Most of the time, car crash victims only need to file a claim through their own auto insurance. Ontario car insurance companies pay for your medical bills, loss of income, caregiver costs and more after an accident. It does not even matter who was at fault. A lawsuit is generally only necessary in certain circumstances. For instance, if the crash victim sustained catastrophic injuries. Your insurer’s accident benefits might not be enough to cover your damages. You might also have to file a lawsuit if your insurance company is making excuses or delaying payment of your claim. If it a lawsuit becomes necessary, the at-fault driver is the named defendant, not the insurance company. However, the at-fault driver’s insurance company would step in to defend the policyholder. When bringing a lawsuit, the injury victim has to prove the other driver’s negligence led to the crash and resulting damages.