You may be entitled to compensation if you’ve been hurt in a snowmobile accident—but there are limitation periods to be aware of. Missing important legal deadlines can mean losing the right to bring your claim. Let’s have a look at the statute of limitations and legal deadlines for snowmobile injury claims, then talk about steps you can take to protect your legal rights.
Compensation for snowmobile accident injuries
Snowmobiles are very fast, extremely heavy, and offer little to no protection for drivers and passengers in the event of a crash. Snowmobiling accidents can cause very serious injuries. Spinal cord injuries, fractured bones, internal injuries, concussions and other types of brain injuries are common. Tragically, some snowmobile accidents are fatal.
Ontario law makes insurance mandatory for snowmobiles that are driven off the owner’s property, and a “motorized snow vehicle” is deemed to be a motor vehicle in Ontario (per the Motorized Snow Vehicles Act, R.S.O. 1990, c. M.44 and Insurance Act, R.S.O. 1990, c. I.8).
Options for claiming compensation after a snowmobile crash
If you or a loved one has been hurt or killed in a snowmobile accident, there may be several legal options to recover financial compensation. There is a different process and set of deadlines that apply to each option, so we’ll discuss them individually, focusing on the two main sources of accident compensation.
1. Make an accident benefits claim
You can bring a claim for Statutory Accident Benefits regardless of who was at fault for the snowmobile accident. Also called “no fault accident benefits,” this type of claim covers benefits such as income replacement, medical care and treatment expenses, caregiver expenses, and attendant care fees.
ACCIDENT BENEFIT CLAIM DEADLINES:
You must notify your insurance company within seven days of the accident.
You must submit a completed accident benefits application within 30 days of the accident.
If your accident benefits claim is denied, you have two years to bring legal action against the insurance company.
2. File a personal injury lawsuit
If someone else’s fault or negligence caused the snowmobile accident, you can file a personal injury lawsuit against them to recover financial and non-economic losses such as damages for pain and suffering. Depending on how the accident occurred, your lawsuit may be against a driver, a property owner, a trail owner, a maintenance company, or the government, for example.
PERSONAL INJURY LAWSUIT DEADLINES:
You must give written notice of your claim within 120 days of the accident.
You will then likely have two years to file your lawsuit. The basic limitation period for most personal injury lawsuits is two years from the date of loss or injury (Ontario’s Limitations Act, 2002).
Shorter or longer limitation periods may apply to other specific situations (e.g., if the claim is by a minor, or against a municipality or government). Avoid missing critical deadlines by contacting an experienced personal injury lawyer as soon as you can.
How to protect your legal rights
The best way to protect your legal rights is to speak with an Oshawa personal injury lawyer at our firm as soon as possible after the accident. We offer a 100% no obligation and confidential free case evaluation. We can review your case, explain your legal options, and advise you of the limitation dates that apply to your claim(s).
Speaking with an Oshawa accident lawyer at Kelly Greenway Bruce as early as possible does not mean you must start a claim immediately (unless a deadline is looming, of course!). Instead, seeking legal advice early on arms you with the knowledge of applicable timelines so you can consider your rights and know how long you have to decide how you want to move forward.
If the limitation period is looming, or you are worried that it has already passed, reach out right away. Depending on the circumstances, our lawyers may be able to file paperwork to start the lawsuit within the limitation period, thereby preserving your rights. Alternatively, it may be possible to salvage your claim even if notice deadlines or limitation periods have been missed.
Dedicated Accident Claims Lawyers
Lindsay and Oshawa personal injury lawyers at Kelly Greenway Bruce can help you explore your legal options, protect your legal rights, and fight tirelessly on your behalf to ensure you get the compensation you deserve.
We understand that snowmobile accidents can cause many physical, emotional and financial consequences. To find out if you have a case, contact us today at our Oshawa or Lindsay locations.
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