If I bring claims for my car-accident related injuries, will my insurance premiums increase?
It’s so often that a lawyer responds to a question with a “Well…it depends…” that it’s always a privilege when we get to answer directly.
And the answer here is quite simple. No, your premiums will not increase.
Insurance in Ontario is a significant part of the cost of operating a motor vehicle, and I often hear this concern from people who are considering bringing a legal action against another driver or filing a claim for Statutory Accident Benefits (the no-fault part of our insurance scheme). Neither of these has any bearing on your premiums, and do not let anyone convince you otherwise.
Insurance rates in Ontario are set by insurers based on driving history (particular charges like speeding tickets) and “at-fault” property damage claims.
In other words, they increase your insurance rates if you have charges against you or have had to file claims for damage to your vehicle due to accidents you caused (or if others have filed claims for damages you caused).
They also adjust rates based on age/gender, as males under the age of 25 can attest.
Insurance premiums are not affected unless you are deemed “at fault” for an accident. So, bringing a claim against the other driver at fault for causing the accident has no impact.
Similarly, if you file a no-fault claim for benefits with your insurer(these claims are filed with your own insurance), it has no effect on your premiums. In the latter case, this is true even if you caused the accident, as any increase in your premium is due to the property damage claim to your car – an additional injury claim has no impact.
Insurance exists for meritorious claims, and they should not be discouraged due to fear of premium increases. If you have injuries as a result of an accident, speak with a lawyer who specializes in these areas as soon as possible. The Personal Injury Group at Ross & McBride LLP is always happy to do an initial consultation free of charge to explore your legal options.
Navigating the aftermath of an accident can be daunting, but you don’t have to do it alone. If you or a loved one has been injured in a car accident and may need access to benefits or legal action, feel free to reach out to me. I’m here to help. Don’t hesitate to contact me for a free initial consultation to discuss your situation and help you understand your next steps. Remember, being informed and prepared can make all the difference.
This article was originally published by The Hamilton Spectator.
