Sue At-Fault Party
What are the rights to sue an at-fault driver?
In addition to obtaining compensation through your insurer, an injured person can sue an at-fault driver for pain and suffering if the threshold test is met.
Threshold test
The threshold test to sue is:
• a family member has died as a result of the collision
• the injured victim has suffered a permanent serious impairment of an important physical, mental or psychological function
• the injured victim has suffered a permanent, serious disfigurement
NOTE: a person does not have to be catastrophically injured to sue.
If an injury meets the threshold test, then a person may be entitled to sue for any health care expenses not covered by the accident benefit insurer or government health care plan.
One can also sue for lost income. An injured person can sue for 70% of his or her income loss up to the date of trial, and 100% of their gross future income loss, for the remainder of what would have been their working life, if they continue to be disabled from work.
Family members are eligible to make a claim if there has been a death or the injured victim’s injuries meet the threshold test.