Were you recently injured in a motor vehicle accident in Ontario? If so, you have a variety of options available to you provided that you were not at fault for the accident.
The first avenue of recourse is through the Accident Benefits system. The Statutory Accident Benefits system was created to ensure that victims of motor vehicle accidents are provided with immediate benefits through their own insurance company or from any other insured vehicle involved in the crash. By completing the Application for Accident Benefits, you will entitled to interim benefits which include medical and rehabilitation benefits for physiotherapy, massage, chiropractic care among things, income replacement benefits to supplement your income while you are disabled an unable to work, attendant care, non-earner benefits, funeral and death payments, and other expenses.
The second avenue of recourse is to commence a lawsuit against the at fault driver for your pain and suffering, lost income, out of pocket expenses and future medical and other related costs.
Despite these options, your right to compensation could be permanently destroyed if you fail to meet the established deadlines:
- Within 7 days of the accident – You must notify your insurance company of the accident and your intention to seek statutory Accident Benefits.
- Within 30 days of receipt of your application forms – You must submit a completed application package for Accident Benefits to your insurance provider.
- Within 120 days of the accident – You must notify a negligent driver of your intention to file a personal injury tort action against him or her.
- Within 2 years of the accident – You must commence a lawsuit against the at fault driver for your pain and suffering and other losses.
- Within 2 years of the date of denial – You must commence a lawsuit against your accident benefit insurer if they have denied a benefit To better assist you in understanding your rights and obligations, we have provided answers below to some of the most commonly asked questions after a motor vehicle accident.
Can I still recover Accident Benefits if I was partially to blame for the crash?
Ontario’s Insurance Act established the Statutory Accident Benefits Schedule. This is a no-fault insurance model. Even if you were partially to blame for your accident – for instance, you were speeding or failed to yield to another vehicle –you still may recover Accident Benefits.
The no-fault system does not, however, guarantee you will receive all owed benefits. An insurer may deny your claim based on accusations of non-compliance or if they feel that you longer qualify for the benefits. Examples of non-compliance may include failing to submit to an insurer medical examination or claims that you misrepresented information on your insurance application. Examples of no longer qualifying for a benefit is when the insurance company rely of the opinion of their independent medical examinations which has concluded that you are capable of working even though your doctor states that you are not.
In other cases, an insurer may improperly classify your claim. This may include denying extended benefits for which you are eligible by misclassifying your injuries as minor when they are non-minor or even catastrophic. At Goodman Elbassiouni LLP, we have helped many clients obtain all the benefits they are duly entitled.
What types of Accident Benefits are available?
A standard Ontario auto insurance policy entitles you to the following benefits:
- Income Replacement Benefit – You may be eligible for as much as $400 a week to compensate for your missed income in the event your injuries prevent you from returning to work.
- Non-Earner Benefit – You may be entitled to $185 each week if you were not employed at the time of the accident, and your injuries prevent you from engaging in normal daily activities.
- Medical and Rehabilitation Benefit – You are entitled to money to pay all “reasonable” medical expenses required to treat your injuries. This applies to costs above and beyond what is covered by OHIP or a private insurer. Those with minor injuries may receive up to $3,500 total in benefits. Non-minor injuries may qualify for up to $50,000 total. A catastrophic injury may qualify for as much as $1 million.
- Attendant Care Benefit – You may be eligible for up to $3,000 per month to pay for a professional or family member (conditions apply) to assist you with activities such as grooming, dressing and bathing, if necessary.
- Other Expenses Benefit – You may be entitled to compensation to address out-of-pocket expenses, such as prescription drugs, crutches and so on. To better assist you in understanding your rights and obligations, we have provided answers below to some of the most commonly asked questions after a motor vehicle accident.
- Death and Funeral Payments Benefit – You may be entitled to money to pay for funeral and burial expenses, plus survivor benefits, if you lost a family member in an Ontario car accident.
In addition to Accident Benefits, you may be eligible to file a negligence lawsuit against a driver who is liable for your accident injuries.
Is there anyone available to assist me with my claim or lawsuit?
Goodman Elbassiouni LLP offers free case evaluations for all motor vehicle accident victims in Ontario. There is no charge to you for our legal services unless we successfully resolve your claim. Call 905-265-1005 today.
