Injured on Public Transit? Know Your Benefit Rights

A public transit accident can happen on various types of transport, such as buses, the subway, a streetcar, and elsewhere. If you find yourself in such a situation, you might be wondering whether you can commence an accident benefits claim.

There is a specific scenario in which you can claim accident benefits when injured on public transit. In our article, our experienced personal injury lawyers at Ristich Law will share the situation in which it is possible to do so.

What Are Accident Benefits?

Statutory Accident Benefits Schedule (SABS) is an insurance provision in Ontario. It is known as a provision that falls under the Ontario Insurance Act and is included in every motor vehicle insurance policy.

In the context of public transit injuries, SABS is awarded to injured individuals in a specific situation during an accident, which we have explained below.

Additionally, as stated by the Ontario Regulation website, there are a few types of benefits available through SABS, including medical benefits, income replacement, attendant care, and rehabilitation benefits.

When Do Accident Benefits Apply on Public Transit?

You are only eligible for SABS when the transit vehicle collides with another automobile. Since the 2011 amendment to the Insurance Act took effect, injured victims cannot, for instance, make a claim if they slip and fall on a wet floor on public transport, or a fall when exiting the vehicle, such as from a bus or streetcar.

Therefore, it is important to acknowledge that the regular movements, jerks, and jolts of a streetcar or bus should be expected by passengers.

The so-called ‘no crash, no cash’ rule means that injuries caused by abrupt braking alone do not mean you are entitled to accident benefits.

However, some specific examples of scenarios in which you may be eligible to make a SABS claim are when the public transport vehicle crashes into a motor vehicle or collides with a fixed object, such as a traffic light.

Remember, this does not mean that you cannot sue in Tort for negligence. It is important to contact a local professional to discuss your options.

Steps to Take After a Transit Injury

If you have been involved in a transit injury, during which the transport has collided with another vehicle, you might be wondering what to do. If you are a victim, and you want to make a tort claim to sue the transit company for negligence in the form of defective equipment or poor vehicle maintenance, we advise that you consider the following steps:

• Report the Incident – Let the driver and the transit authority know about the incident to start an investigation into the accident.
• Get Medical Attention – Seek immediate treatment for the injury, which helps you obtain a medical record.
• Document the Scene – Take photographs of the scene, which can serve as evidence for the case.
• Obtain Witness Details – Get the contact information from witnesses, which can also serve as evidence during the case.
• Contact a Personal Injury Lawyer – An experienced personal injury lawyer, such as those at Ristich Law, will help you navigate the case and collect any additional evidence in your favour.

Reporting the incident will give you access to the right documentation proving that the incident is being investigated. You can build on this evidence with your own scene documentation. Some of the photographs you will need to take include vehicle damage, road conditions, visible injuries, weather conditions, and damage to your personal items.

What to Obtain when Filing a Claim

If you have insurance, you can file your accident benefits claim through your insurer. But if you do not have insurance, you may be covered by the public transit authority’s insurance, and to make your claim, you need to obtain a few documents.

Crucial evidence such as your medical record and an accident report for the car insurance claim will be required. Witness statements are also important, because they can support your claim and strengthen your case. You should additionally get the transit information, including the bus number, as well as a police accident report. This all helps you provide a factual account of the incident to the transit authority.

Why Contact a Personal Injury Lawyer?

It is a good idea to contact a personal injury lawyer to navigate a tort claim, or a disputed insurance claim successfully. Experienced lawyers help you avoid issues such as delayed or denied claims by helping you gather and organize evidence. This ensures you submit all the evidence on time, such as medical bills and other information related to your medical treatment.

Lawyers can also make sure you receive a maximized settlement by providing professional representation. They can additionally negotiate with insurance companies for you to give you the best chance of maximum benefit compensation.

Navigate Your Public Transit Injury Claim with Ristich Law

It is important to remember that only in circumstances where the public transport vehicle collides with another vehicle or static object do you have the right to claim accident benefits. In situations like this, we encourage you to take action, and having a lawyer on your side can help.

At Ristich Law, our personal injury lawyers in Toronto have experience handling personal injury cases that take place as a result of car accidents. If you are looking for a local personal injury lawyer in Ottawa, a personal injury lawyer in Whitby, or an experienced lawyer in Ontario, we can help. Contact our personal injury law firm to start the legal process.