In addition to being entitled to accident benefits, if you are injured, hurt, or impaired due to the negligence of another driver, you may be entitled to bring a court action against that person, or the owner of the vehicle that struck you, for the recovery of damages. These 'damages' will be in the form of money awarded by a court decision, or awarded pursuant to a negotiated settlement with the insurance company of the at fault driver.
This aspect of recovery against the 'at fault' driver takes the form of a traditional law suit, filed and prosecuted by your lawyer in the Ontario Superior Court of Justice. Only a lawyer can begin such an action. A law suit however is subject to certain limitations as prescribed by the Insurance Act of Ontario, the details of which follow in the next section.
The damages recoverable can include a monetary award to compensate you for pain and suffering, lost past and future income, loss of enjoyment of life, and various other damages. Your spouse or children can also make a claim based on their rights pursuant to the Family Law Act of Ontario.2
