If you’re awarded a pain and suffering payment of less than $44,000 in Ontario, the money goes to your insurance company and you get nothing. But there are things you can do to protect yourself.
How well are you protected if you get into a car accident? Maybe not as well as you think.
If you find this number shocking, you wouldn’t be alone. Very few people know about the deductible, according to Nainesh Kotak, founder of Kotak Personal Injury Law. At the same time, the standard income replacement benefit on your Ontario car insurance policy, which provides a weekly benefit if you’re unable to work due to a car accident, is 70 per cent of a person’s gross income, up to $400 a week — unchanged since 1999, despite soaring inflation.
In order to get money for pain and suffering in the first place, a victim has to prove they have a “permanent impairment of important bodily, mental or psychological function,” Kotak explains, which is subject to the deductible that the insurance company keeps. The FRSA also determines the monetary threshold required to eliminate the deductible in damages awarded to car accident victims and this threshold also continues to increase, Kotak says. In 2023 the threshold for nonpecuniary damages increased to $147,889 from $138,343.86 in 2022.
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