Dying From Car Accidents > Families of Deceased To Receive More in Compensation

In addition to the new changes to Ontario’s Accident Benefits system, as found in our various previous blogs, there have also been changes to Ontario’s Insurance Act governing car accidents and claims arising.

One positive change for the families of people who die as a result of a car accident is the elimination of the tort deductible for fatality claims; this tort deductible was increased in 2003 under the Bill 198 legislation concerning car accidents.

The change is found in the Financial Services Commission of Ontario’s bulletin A-17/10 and also at s.267.5 of the Insurance Act.

Similar to the application of the Bill 198 tort deductible of $30,000 for pain and suffering (non-pecuniary) claims – see our Bill 198 threshold blogs for more detail – the former fatality tort deductible of $15,000 was applicable unless the FLA (Family Law Act) claim was more than $50,000.