Drinking and driving can lead to disaster. The tragic deaths of NHL hockey player Johnny Gaudreau and his brother, Matthew, who were struck by a drunk driver while bicycling, serve as a stark reminder of the serious, life-altering consequences of impaired driving. If you or a loved one has been hurt or killed by an impaired driver, you are likely feeling shocked and wondering what to do. Today’s article will provide some vital information about personal injury claims against drunk drivers.
Drunk driving lawsuits can be more complex than other types of personal injury claims. You don’t have to go through it alone. We encourage you to reach out to an Oshawa and Lindsay collision lawyer at Kelly Greenway Bruce for personalized support to get you the compensation you deserve.
Compensation available after an Ontario car accident
In Ontario, a person injured in an at-fault car accident has the right to two types of claims: an accident benefit claim and a negligence claim against the at-fault driver.
An accident benefit claim provides compensation for certain out-of-pocket expenses, like income replacement and medical bills, regardless of who was at fault for the accident. The mandatory minimum coverage includes up to $65,000 for non-catastrophic injuries and up to $1 million for catastrophic injuries.
If another driver—such as an impaired driver— was responsible for the crash, the accident victim can also file a personal injury lawsuit against that person to recover economic and non-economic losses. Types of damages in a personal injury lawsuit include general damages (also known as damages for pain and suffering), special damages (out of pocket expenses), future care costs, past income loss, and loss of income earning capacity.
What if the accident was fatal? In that unfortunate situation, close family members of the accident victim may be able to obtain compensation by bringing a wrongful death claim under the Family Law Act.
Other legal recourse for victims of a drunk driving accident
A car crash caused by an impaired driver may give rise to another type of claim: a negligence claim against a third party for serving/overserving alcohol.
The law in Canada is clear that commercial hosts can be liable for the actions of their intoxicated patrons. A bar, restaurant, or other establishment that sells alcohol for profit owes a duty of care to its patrons and to third parties who could be negatively impacted by an intoxicated patron’s actions and can be sued for personal injuries caused by that patron.
On the other hand, social hosts of private gatherings generally don’t owe a duty of care to third parties such as other drivers, pedestrians, or cyclists, but it will depend heavily on the facts that led to the crash. For more on social host liability, you can review this article we prepared, or reach out to a car and bike injury lawyer in Whitby, Ajax, Linday or Oshawa for guidance.
Insurance coverage issues can complicate drunk driving injury claims
When someone causes a car crash, you name them personally as the defendant in your personal injury lawsuit, but their auto insurance company is who responds to your claim and pays compensation. The same is true if the person who caused the car crash was impaired: your personal injury lawsuit is brought against the impaired driver personally, but the auto insurer responds on behalf of their insured.
The difficulty that arises in drunk driving claims is that the insurance company may deny coverage. Driving while impaired can breach the terms of the driver’s insurance policy, which gives the insurance company the right to refuse coverage for any injuries or damages caused by the accident. This will commonly be the case when the driver is charged and convicted under the Criminal Code.
There are other potential sources of compensation. If the driver had insurance but is denied coverage, you can still generally pursue your personal injury lawsuit against the driver and be entitled to up to the minimum of $200,000 in mandatory liability coverage required by Ontario law. You may also have access to coverage under your own insurance policy (optional OPCF-44R endorsement coverage) to recover damages in excess of $200,000 up to $1 million or $2million.
If the impaired driver didn’t have insurance in the first place, you can turn to your own insurance company for uninsured motorist coverage up to the first $200,000 in damages and then your optional OPCF-44R endorsement for damages in excess of $200,000 up to $1 million or $2million.
If the impaired driver did not have insurance and you are not insured under any policies of auto insurance, as a last resort, you may be able to claim compensation up to $200,000 from Ontario’s Motor Vehicle Accident Claims Fund.
Speak to an Oshawa, Linsday, Whitby, and Ajax Car Crash Lawyer
If you've been hurt by an impaired driver, it’s crucial to consult with an experienced accident claims lawyer as soon as possible. The legal professionals at Kelly Greenway Bruce have a deep understanding of the relevant laws and can help you navigate the complex legal system and insurance claims process.
Our team of lawyers and support staff work tirelessly to provide personalized, effective assistance in a compassionate manner. Let our legal professionals deal with the claims process while you and your family concentrate on getting better.
To speak with a car crash lawyer and find out if you have a case, contact us today at our offices in Oshawa or Lindsay. We offer a free, no obligation case evaluation. We can review your situation, explain your legal options, and help you determine the next steps forward. If you live elsewhere in the GTA or Durham Region including Whitby and Ajax, car accident lawyers at our firm are standing by ready to help.
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