What should I do if I get involved in a motor vehicle accident?

If you have been involved in an accident, you should:

· Seek medical assistance immediately.

· Try to obtain details of the parties involved in the accident including their name, address, phone number and insurance policy. If any witnesses are present, get their details as well.

· Report your accident to the police within 24 hours of the accident.

· Inform your insurer that you have been injured in an accident within 7 days of your accident.

· Get legal Representation as soon as possible.

When should I see a lawyer?

Commencing a claim with your insurer and against a third party can be frustrating, lengthy
and often involves complex legal issues. In addition, Ontario legislation mandates certain timelines and limitations which need to be met in order to advance a claim. A failure to
comply with these limits may be damaging or prejudicial to your claim and in some circumstances may bar you from bringing an Action.

In these circumstances, you will need trustworthy and reliable legal representation. At
Grillo & Associates, we will provide professional and sound legal advice for every step of
your claim so that you can focus on your recovery.

How much does a lawyer charge?
Legal fee’s can be very costly and some law firms may require a retainer of hundreds, or
even thousands of dollars to work on your file. However, at Grillo & Associates, we
operate on a “n o-win, no-fee” arrangement. This means that you only pay us, when you
get paid. Occasionally, we may require a small retainer for our disbursements.

What is an Accident Benefit Claim? 1st party claim:

An Accident Benefits Claim is a claim which you make to your own automobile insurer for benefits you may be entitled to as a result of the accident. These benefits may include:
Income Replacement Benefit; Caregiver Benefit; Non-Earner Benefit; Housekeeping Benefit; Attendant Care Benefit; and your Medical and Rehabilitation costs.

Can I make a claim for Accident Benefits if I do not have insurance?

If you do not have insurance, certain provisions may still allow you to claim Accident Benefits under another policy of insurance, for example, through the insurance of a spouse, an
employer, the driver of the car you were in or even the third party involved in your action.

Can I claim Accident Benefits if I am at fault?

Yes you may.

What benefits can I claim from my insurer if I am injured in a motor vehicle accident?

Your accident related injuries may leave you incapable of carrying out your work, personal
care, activities of daily living and looking after your children or elders. If so, you may be
entitled to the following benefits from your insurer:

· Income Replacement Benefits (IRB): You may be entitled to claim this benefit to replace
your loss of income for up to 80% of your net weekly income prior to the accident, to a
maximum of $400.00 per week.

· Caregiver Benefits: You may be entitled to this benefit to a maximum of $250.00 per week,
if you are the primary caregiver for a person in need of care, plus $50.00 per week for each additional person requiring care.

· Non-Earner Benefit: You may be entitled to $185 per week if you are not employed at the
time of the accident. This benefit only starts six (6) months after your accident.

· Attendant care benefit: You may be entitled to compensation to hire help from another
person who can care for your personal needs. This includes taking care of your personal hygiene, dressing and feeding.

· Housekeeping assistance: You may be entitled to claim housekeeping and home
maintenance assistance for a maximum of $100.00 per week, to have someone do the housekeeping activities you normally did prior to the accident.

· Medical and Rehabilitation benefit: This includes physiotherapy, chiropractic, massage,
acupuncture and other modalities.

What if my insurer denies my benefits?

If your insurer denies your benefits, you are entitled to apply for Mediation with the Financial Services Commission of Ontario (FSCO).

What is a Mediation?

Mediation is a form of alternative dispute resolution, usually in the form of a teleconference meeting between yourself, your lawyer, the insurer and a mediator appointed by FSCO. This process is designed to allow an open discussion between you and your insurer, and can
often be an avenue to discuss a partial or final resolution of your claim.

What if my Mediation is unsuccessful?

If your Mediation fails, you are entitled to apply for either Arbitration with the FSCO, or commence an Action in court.

What is Arbitration?

Arbitration is another method of alternative dispute resolution. Arbitration hearings are
similar to court proceedings, but less formal, and more cost efficient. The ultimate decision
will be made by the hearing arbitrator who will have the power to decide your entitlement to
the disputed benefits.

What is a Full and Final settlement?

A full and final settlement of you claim is a binding contract between you and your insurer to settle your claim completely. This means that you will not be entitled to apply for any more benefits in relation to the accident in which your were involved. The release that you will
sign will relieve your insurer of any obligations that they may owe you in relation to that
particular loss.

How long will it take to resolve my claim?

It is difficult to approximate exact timelines as to when your case will resolve. A number of different factors will be relevant if we are to appreciate the length of time it will take. These include the following:

· The cause of injury, whether it is a motor vehicle accident, or slip and fall;

· The nature of your injury - whether it is a minor or complex injury and whether it is
temporary or permanent and ongoing;

· How long you take to obtain legal advice;

· The applicability of limitation periods; and

· The type of judicial system under which your claim will proceed, for example the Small
Claims Courts, Superior Court of Justice or the Financial Services Commission of Ontario.

I’ve heard that Accident Benefits claims cannot settle until the one year anniversary
of my claim. Is this true?

Yes. Ontario automobile legislation mandates that your claim remain open for at least 1 year.

How much money will I receive?

Every case is unique. Your claim will need to be individually assessed by our lawyers to
determine potential value and exposure.

What is a Tort Claim? 3rd party claim:

A tort claim is a claim you make against an at-fault party in your motor vehicle accident, or,
ifyour injury arose from a slip and fall or faulty product, it is a claim made against the
relevant negligent party. This claim is designed to compensate you for your pain and
suffering, loss of income, and out of pocket expenses that result from the Accident/incident.

Does everyone have the right to sue in tort?

No. If you tort claim arises from an automobile accident, you must meet the following
requirements:

· You are not at fault;

· You suffer a permanent and serious impairment of an important physical, mental or
psychological function, or a permanent serious disfigurement;

· Your injuries surpass the statutory deductible of $15,000.00 if your accident occurred
before October 1, 2003, or $30,000.00 if your accident occurred after October 1, 2003.

Your lawyer will assess your claim and advise you whether your claim will meet these requirements. Please note that the above requirements are not applicable if your
claim is as a result of a slip and fall, or a faulty product.

How long do I have to sue?

For the most part, a third party claim must be commenced within 2 years of your accident/incident. There are few exceptions to this rule, one of our lawyers can tell you if
one of the exceptions applies to you.

My family members are also suffering as a result of my injuries – can they also make a claim?

Yes they may. Pursuant to the Family Law Act, children, grandchildren, parents, grandparents, brothers and sisters of the person injured/killed in an accident are entitled to recover their monetary losses resulting from the injury or death of that family member. Such monetary
losses may include:

· actual expenses reasonably incurred for the benefit of the person injured or killed;

· actual funeral expenses reasonably incurred;

· a reasonable allowance for travel expenses actually incurred in visiting the person during
his or her treatment or recovery;

· where, as a result of the injury, the claimant provides nursing, housekeeping or other
services for the person, a reasonable allowance for loss of income or the value of the
services; and

· an amount to compensate for the loss of guidance, care and companionship that the
claimant might reasonably have expected to receive from the person if the injury or death
had not occurred.