What do Statutory Accident Benefits Cover?
Any person injured in a car accident in Ontario is entitled to claim statutory accident benefits, regardless of who was at fault. These “no-fault” accident benefits extend to anyone injured in connected with the “use and operation” of an automobile, including single car accidents, and pedestrian and cyclist accidents.
I was just in a car accident, how do I access benefits?
Within seven days of the accident, injured persons must contact their insurance company and request an application for accident benefits. If you were not driving, you would contact the insurer of the vehicle involved.
Your application must be completed and returned within thirty days after you receive it, and no benefits will be payable to you until it is submitted. Once it has been reviewed, the insurance company will determine your eligibility for benefits based on your reported injuries.
Depending on the severity of your injuries, the amount of money available for treatment and services may vary. Minor injuries are capped at $3,500 of benefits, whereas more serious cases are eligible for up to $65,000. Catastrophic injuries are eligible for up to $1,000,000 in accident benefits.
These amounts may be greater where additional insurance has been purchased, and you may also appeal the decision if you do not agree with how your insurer has categorized your injuries.
What is covered by no fault accident benefits?
Accident benefits will cover medical and rehabilitation services, some loss of income if you are unable to work, caregiver or non-earner benefits, and some other expenses like education costs, housekeeping and home maintenance. The extent to which these are available depends on the severity of your injuries, and any additional benefit options you may have purchased.
Legal advice about claiming no fault accident benefits
While accident benefits coverage is always available after a car accident, and provides some financial compensation for medical treatment and other losses, it will often fall short of full extent of your damages.
At Derfel Injury Law, we help injured victims claim accident benefits, as well as pursuing other potential avenues for compensation, including a tort claim against an at-fault driver. Contact us online or call 416-847-3580 to make an appointment to meet with us in Toronto.