Answer: A claim for accident benefits cannot settle before the one year anniversary of the accident except by court decision or arbitration. Generally neither a court action nor arbitration is achievable within the first year due to the delays at the Financial Services Commission of Ontario and the normal time frame for prosecuting a court action. However, at anytime after the one year anniversary of the accident an agreement can be negotiated with the insurer.
A legal claim for damages from the driver who is at fault for your injuries can take several years if it must proceed through the court process. If however, the insurance company of the defendants is agreeable to a negotiated settlement, an agreement can be made at anytime after the incident. Generally neither party will agree to a settlement until the full extent of your injuries and impairments are known. Your lawyer will take into consideration all medical evidence available and advise you as to whether a negotiated settlement is advisable or whether it is better to begin a court action.
