Auto Insurance Scheme Comparison

O.M.M.P.

From June 22, 1990 to December 31, 1993

General Damages		Claimant has no right to sue an owner, occupant or any person present at the incident ("protected persons") unless damages exceed threshold defined as: s.266(1) (a) permanent serious disfigurement; or (b) permanent serious impairment of an important bodily function caused by continuing injury which is physical in nature. No right of recovery of non-pecuniary general damages when injuries below threshold. Full right of recovery for any physical and/or mental injuries, subject to trilogy cap, for general damages when any physical injury exceeds the threshold.
Pecuniary Losses		If injuries over the threshold, claimant has full right to sue for all pecuniary losses. Claimant must deduct from award all no-fault benefits received. s. 267(1)(a). No-Fault Benefits to be paid by claimant's own insurer. s.268(2). Accident Benefits to be paid for pecuniary losses as set out in Schedule "B" of O.P.F. 1. Three broad categories of benefits: (a) Medical, Rehabilitation and Care Benefits (b) Funeral Expenses and Death Benefits (c ) Weekly Income Benefits. Weekly Income Benefits: paid to insured who suffers substantial inability to perform the "essential tasks" of his or her occupation or employment. Payable for up to 3 years and thereafter only where the injury "continuously prevents the insured from engaging in any occupation for which he or she is reasonably suited by education, training or experience". Weekly Benefits at the lesser of $600 per week or 80% of gross weekly income (minimum benefit of $185.60).
Collateral Benefits		October 24, 1989, to December 31, 1993 The following Collateral Benefits are statutorily required to be deducted from a claimant's award: s. 267(1) (a) all no-fault benefits received or available and the present value of the benefits to which the person is entitled; (b) all payments received under any health care plan or law and the present value of such payments to which the person is entitled; (c) all payments received or available under the laws of any jurisdiction or under an income continuation plan and the present value of such payments to which the person is entitled; (d) payments received under an employment sick leave plan. Such collateral benefits are deductible from any damages awarded to the plaintiff and not simply from pecuniary damage claims. See: Marshall v. Heliotis (1993), 16 O.R. (3d) 637 and Cugliardi v. White (1994), 21 O.R. (3d) 225.
Direct Property Damage		Where damage is caused to a vehicle by the use and operation of another vehicle, and where both vehicles are insured, such damage is to be recovered from one's own insurer. s. 263. The insurer has no right of subrogation for amounts so paid to its insured. If the offending driver is not insured, the insurer can bring a subrogated action against the uninsured driver for property damage.

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