Important concepts to understand about auto insurance in Ontario:

Your right to sue

Under Bill 59, your right to sue an at-fault motorist has been broadened. This means you can now sue an at-fault driver for economic losses, such as lost income that is not recoverable under your policy. In addition, your right to sue for pain and suffering is reserved provided that the injuries suffered meet a certain definition, known as threshold.

Neither the owner of an automobile, the occupants, nor any persons present at the accident are liable in an action for bodily injury unless as a result of such use or operation:

  • the injured person has died; or
  • sustained permanent serious disfigurement; or
  • sustained permanent serious impairment of an important physical, mental or psychological function.

No fault insurance

When an insured person is involved in an automobile accident, regardless of fault, the claim is handled by your own insurance company.