After a car accident has claimed the life of a family member, individuals will seek legal advice to determine whether or not they can sue the driver of the other vehicle. A lawyer may during a free initial consultation inform the family members of two major aspects of any case. After a fatal car accident the majority of cases will have an accident benefits claim (usually termed as an “AB claim”) and a claim as against any at fault parties (usually termed as a “Tort claim”).
The AB (Accident Benefits) claim relates to matters relating to the no-fault aspect of the motor vehicle accident. These claims are generally covered by your no-fault insurance benefits and can cover items such as medical, rehabilitation, funeral expenses, etc. As noted in a previous blog, every car insurance policy by law in Ontario will have a ‘no fault’ accident benefits component by default. This part of the claim typically involves your insurance company only.
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