Legal Question in Personal Injury in Canada

I was in a car accident and have endured a permanent injury to my elbow. I lost control of the vehicle in the parking lot due to heavy rain and an unseen puddle. My lawyer is trying to close the case and said I have no rights to claim for "pain and suffering". However, with a permanent injury and surgery on the way, I get the feeling my lawyer isn't being honest and I do believe he might be working with my insurance company for very obvious reasons. So, is it possible to sue my own insurance company? Am I eligible for pain and suffering even if there was no other person involved in the accident?

All answers are greatly appreciated, thank you.


Asked on 11/05/10, 4:25 pm

1 Answer from Attorneys
Donald McLeod Donald R. McLeod Law Corp.

As notedon the LawGuru website, all questions answered by us must be answered with reference to British Columbia law. The law varies from Province to Province. In B.C. if the accident was not the fault of someone else, and was your fault, as appears to be the caase, you are limited in what you may claim. You are not entitled to pain and suffering, nor are you entitled to loss of income benefits except for the small amount provided through the "no-fault" provisions of the law administered by ICBC, and some rehabilitation benefits. It is very unlikely you are entitled to anything else. We suspec the law is similar in your Province, but can not express a formal opinion on the law in a Province for which no one in our firm is licenced. Please consult another lawyer in your Province for a 2nd opinion.

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Answered on 11/06/10, 9:06 am


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