In London, Ontario, you can still sue for personal injury even if you are partially to blame. Under the provincial Negligence Act and Insurance Act, the statutory deductible is subtracted from your award before your percentage of fault is applied. If a judge awards you $100,000 CAD for pain and suffering but finds you 25% responsible, the statutory deductible of $47,913.01 CAD is first subtracted, leaving $52,086.99, which is then reduced by your 25% fault, leaving you with $39,065.24 CAD.
Accidents at busy London intersections, like Oxford Street and Wonderland Road, are rarely black and white. Often, both drivers share a degree of responsibility. In Canadian personal injury law, this concept is known as “contributory negligence.”
Many victims mistakenly believe that if they made a slight error-such as speeding slightly or braking late-they are barred from seeking compensation. This is completely false. A local personal injury law firm can help protect your rights and ensure the insurance company does not unfairly assign you the majority of the blame. 📝
Step-by-Step Process in London, Ontario
When fault is disputed, building a rock-solid case is essential. The process focuses heavily on gathering evidence to minimize your percentage of liability.
Step 1: Secure Evidence at the Scene
If it is safe to do so, take photos of vehicle positions, skid marks, and traffic signs before moving the cars. In London, always wait for the London Police Service to arrive if there are injuries, as their initial report heavily influences fault determination.
Step 2: Apply for Accident Benefits
Ontario operates on a “no-fault” insurance system for immediate medical care. Regardless of who caused the crash, you must apply to your own auto insurer for Statutory Accident Benefits (SABs) within 30 days to cover immediate physiotherapy (and optional income replacement, as of July 1, 2026, if you purchased this optional coverage). 💰
Step 3: Fault Determination by Insurers
Insurance companies use the provincial Fault Determination Rules to assign blame for property damage. However, these strict rules do not perfectly apply to personal injury lawsuits. Your lawyer will independently investigate the crash to argue against the insurer’s initial assessment.
Step 4: Filing a Civil Lawsuit
If you suffered serious and permanent injuries, your lawyer will file a Statement of Claim at the Superior Court of Justice on Queens Avenue. During negotiations, both sides will argue over the percentage of contributory negligence before reaching a settlement.
How Much Does it Cost in London?
Because you are partially at fault, insurers will fight harder. Hiring a professional is crucial, but it shouldn’t cost you out of pocket initially.
- Lawyer Contingency Fee: Typically 30% of the final settlement amount.
- Court Filing Fees: Filing your claim at the Superior Court costs $243 CAD.
- Accident Reconstruction Experts: To prove you were not entirely at fault, your lawyer may hire an expert. This disbursement can cost $2,000 to $5,000 CAD, paid from the final settlement.
| Scenario | Total Damages Awarded (CAD) | Your Fault % | Final Settlement Payout (CAD) |
|---|---|---|---|
| Speeding but hit by red-light runner (Pain & Suffering) | $200,000 | 20% | $160,000 (No deductible as net exceeds threshold) |
| Not wearing a seatbelt (Pain & Suffering) | $100,000 | 25% | $39,065.24 (Deductible of $47,913.01 subtracted first, then reduced by 25% fault) |
| Distracted driving while rear-ended (Pain & Suffering) | $50,000 | 50% | $1,043.50 (Deductible of $47,913.01 subtracted first, then reduced by 50% fault) |
How Long Does the Process Take?
Cases involving shared fault almost always take longer because liability is heavily contested. Expect the process to take 2 to 4 years. If the insurance company refuses to agree on a fair percentage of fault, your case may eventually proceed to a trial in London, extending the timeline.
Frequently Asked Questions (FAQ)
What if I wasn’t wearing a seatbelt?
In Ontario, failing to wear a seatbelt is a common form of contributory negligence. If the insurance company proves that a seatbelt would have prevented some of your injuries, your compensation is generally reduced by 15% to 25%.
Does a traffic ticket mean I am 100% at fault?
No. Even if you received a ticket for a summary conviction offence under the Highway Traffic Act, you can still pursue a claim. The ticket is evidence, but the court looks at the entire situation to assign a percentage of fault.
Will my insurance rates go up?
If your insurance company determines you are more than 25% at fault for the accident based on the Fault Determination Rules, your auto insurance premiums will likely increase upon your next renewal.
Can I claim pain and suffering if I am at fault?
If you are 100% at fault, you cannot sue for pain and suffering. However, if you are only partially at fault, you may be entitled to pain and suffering damages, provided your injuries pass the provincial “threshold” for serious and permanent impairment.
Leave a Reply