Your Rights: ATV Insurance Post-Injury in Ontario

By Darcy Romaine

The Role of Negligence in ATV Accidents

It is often the case that an ATV accident occurs because of another party’s negligence.  Negligence refers to the failure to exercise the level of care that a reasonable person would in a similar situation. For ATV drivers that are injured, claims of negligence may include the actions or inactions of another motorist, but may also include any mechanical defects with the ATV that caused the accident. Passengers on an ATV that are injured may claim negligence against the operator of the ATV through all manner of driver error, including speeding, overloading, reckless driving, careless driving, improper maintenance, or operating the ATV under the influence of drugs or alcohol etc.

Claims against the property owner for negligence may pose challenges. Under s.20(1) of the Off-Road Vehicles Act, R.S.O. 1990 c. O.4, an ATV driver and their passenger are deemed to have willingly assumed all risks associated with a property if they did not pay for entry on the property. This makes it much harder to prove fault against a property owner that is not operating a commercial business or does not charge an admission fee. 

In those situations, the legal test to provide negligence is elevated: rather than proving that the owner failed to act reasonably to keep those on the property reasonably safe, the injured person must prove that the property owner either created a danger with the deliberate intent of doing harm or acted with reckless disregard. 

The role of negligence in ATV accidents is important when it comes to insurance claims. If another party's negligence caused your ATV accident and subsequent injury, you may be entitled to compensation from them or through their insurance policy.

Owner’s Liability for the ATV Driver’s Negligence

Under section 12 of the Off-Road Vehicles Act, R.S.O. 1990 c. O.4, an owner of an ATV may be held vicariously liable for those to whom they give consent to drive the ATV. This means that the owner may have to pay compensation to those who get hurt by a driver that the owner allowed to operate the ATV. 

Understanding ATV Insurance Coverage in Ontario

It's crucial to understand the ATV insurance coverage in Ontario to ensure you are protected in case of an accident. In Ontario, an ATV requires insurance under s. 15(1) of the Off-Road Vehicles Act, R.S.O. 1990, C. O.4, and the Compulsory Automobile Insurance Act, R.S.O. 1990, c. C.25, unless it is being driven on land occupied by the owner of the ATV. 

ATV insurance services many purposes. As a liability insurance policy, it may protect you if you cause injury or property damage to another person while operating your ATV. This includes any claims or lawsuits made against you as the owner or operator of the ATV. In such cases, the ATV insurance covers the cost of a lawyer to defend the claim, and provides indemnity up to the limits of the insurance policy. 

Additionally, you may choose to purchase additional coverage such as accident benefits coverage, which provides compensation for medical expenses, income replacement, and other costs related to your injury.

Filing a Claim After an ATV Accident

If you've been injured in an ATV accident, it's important you notify your insurance company as soon as possible and to file a claim. To file a claim, you will need to provide details about the accident, including the date, location, and circumstances of the incident. You have seven (7) days to notify your insurer, and 30 days to complete the OCF-1 Application for Accident Benefits. 

You or someone on your behalf, should also gather any relevant evidence, such as photographs of the accident scene, and the vehicles involved. Do not get the ATV repaired until you have spoken to your lawyer, who may want to have the equipment inspected by an engineer. This evidence can help prove your claim and support your case for compensation.

Dealing with Insurance Companies Post-Injury

Dealing with insurance companies after an ATV injury can be challenging. It's important to remember that insurance companies are businesses focused on minimizing their costs. As a result, they may try to undervalue or deny your claim.

To protect your rights, it's advisable to consult with a personal injury lawyer who is familiar with ATV accidents. At Boland Romaine LLP our, plaintiff personal injury litigation lawyers, we will guide you through the claims process, negotiate with the insurance company on your behalf, and ensure you receive fair compensation for your injuries and with our extensive trial experience we can make sure you get the maximum amount of compensation for your suffering. 

Seeking Legal Assistance for ATV Insurance Disputes

If you encounter disputes or difficulties with your ATV insurance claim, it may be necessary to seek legal assistance. An experienced plaintiff personal injury litigation lawyer can help navigate the complexities of ATV insurance disputes and fight for your rights.

We can review your insurance policy, assess the validity of your claim, and take legal action if necessary. With our expertise, you can increase your chances of a successful resolution and obtain the compensation you deserve.

Reviewing Your ATV Insurance Policy for Post-Injury Coverage

After an ATV injury, it's essential to review your insurance policy to understand the coverage available to you. Pay close attention to the policy's terms and conditions, including any exclusions or limitations that may apply.

If you have any questions or concerns about your coverage, don't hesitate to contact your insurance provider for clarification. It's better to be well-informed about your rights and options to ensure you receive the appropriate compensation for your ATV injury.

Boland Romaine’s ATV Accident Lawyers 

The ATV accident team at Boland Romaine Lawyers is ready to offer advice and legal counsel as you determine what you need help with when it comes to your rehabilitation and recovery. Contemplating life after a serious ATV accident can be challenging and overwhelming. You should know that you aren't in this alone. Our personal injury lawyer Toronto Ontario will fight for you. 

Trial lawyers for the Injured. 

Insurance companies know which lawyers go to trial for their injured clients and which do not. Shouldn't you? 

Many lawyers may promise to get you a settlement, but what happens when negotiations breakdown? A lawyer for the injured needs the fortitude to say “no” to unreasonable offers and the commitment and the skill to take the injured person to trial. Choose carefully as you go on your search for a personal injury lawyer. 

Our main office is located in Aurora with other locations throughout the Greater Toronto Area. If you are not able to visit our offices, we will come to you in the comfort of your home or in hospital.