Injured In A Car Accident? You Are Entitled To Accident Benefits.
In Ontario, all victims of motor vehicle accidents are eligible for accident benefits.
However, determining what benefits you are eligible for and successfully applying them to your insurance company can be confusing and costly. This is why Car Accident Lawyers has a dedicated accident benefits team with a combined 40 years of experience in statutory accident benefits.
What Are Statutory Accident Benefits?
If you are seriously injured in a car accident, in addition to OHIP, Statutory Accident Benefits can help pay for your medical and rehabilitation expenses and provide some money to make up for lost income.
Therefore, Statutory Accident Benefits (SABS) are included in all basic auto insurance policies issued in Ontario.
In addition, accident benefits are paid through your own auto insurance company or the carrier of the vehicle in which you were a passenger. Thus, if you are a pedestrian and uninsured, you will receive your injury claim from the insurance company of the vehicle that struck you. If you are a pedestrian hit by an uninsured vehicle, you can claim benefits from the Motor Vehicle Accident Claims Fund administered by the Province of Ontario.
Types of Statutory Accident Benefits
Income Replacement, Non-Earner and Caregiver Benefits
Income Replacement Benefits
- If you are unable to work due to a car accident, you are entitled to a weekly income replacement benefit equal to 70% of your gross earnings, up to a maximum of $400 per week.
- Optional increments of up to $1000/week.
Long-Term Care Benefit
- If you are unable to provide full care to your dependents (children or otherwise) as a result of a catastrophic injury, you may be eligible for a long-term care benefit that reimburses you for the cost of hiring someone to take your place.
- Optional coverage may be extended to all injuries.
- If your injury prevents you from continuing your normal life and you do not qualify for income compensation benefits, or if you were a full-time student at the time of the accident, you may qualify for self-employment benefits of $185 per week.
Medical, Rehabilitation, and Attendant Care Benefits
Medical and Rehabilitation Benefits
- Covers expenses such as physical therapy, prescriptions, chiropractic care, counseling, and transportation to medical facilities that are not covered by OHIP or group insurance plans but are included in the list of mandatory accident benefits.
- Helps cover the cost of a caregiver needed at home or in a medical facility if you are seriously injured in a car accident.
- The mandatory minimum coverage for combined medical, rehabilitation, and ancillary benefits is $65,000 for non-catastrophic injuries (e.g., broken bones, sprains) and $1 million for catastrophic injuries (e.g., loss of limb, quadriplegia/paraplegia etc.). (e.g., loss of limb, paraplegia/paraplegia).
- For non-catastrophic injuries, the benefit can be increased to $130,000.
- 1,000,000 for all injuries and a total increase of $2,000,000 for catastrophic injuries
- Increase the total benefit to $1,000,000 for all injuries and $2,000,000 for catastrophic injuries
Death and Funeral Benefits
If you die in a car accident, the following benefits will be paid
- 25,000 to your spouse
- 10,000 to each of your dependents
- Up to $6,000 for funeral expenses
Benefits can be increased as follows
- 50,000 to your spouse
- 20,000 for each of your dependents
- 80,000 for funeral expenses
Lost education expenses
- A person who is unable to continue his or her studies in a primary, secondary, post-secondary, or continuing education program as a result of injuries sustained in a traffic accident.
- Covers expenses made prior to the accident, such as tuition, books, equipment, and accommodations, up to $15,000.
- Reasonable and necessary expenses made by some of your closest persons in visiting you during your treatment and recovery. This includes your wife, children, grandchildren, parents, grandparents, siblings, other dependent members or guardians, and anyone who lived with you at the time of the accident.
- You may request disbursements up to 104 weeks after the accident, unless your injuries are catastrophic, in which case you may request disbursements up to 104 weeks after the accident.
Home Care and Maintenance Disbursements
- If you suffer a catastrophic car injury and need to hire someone to be responsible for cleaning and maintaining your home, you may qualify for up to $100/week.
- Amenities can be extended to include all injuries.
How Do I Make A Statutory Accident Benefit Claim?
- To apply, you must immediately notify your insurance company about the accident.
- If there is no insurance company, you must notify the other vehicle/other vehicle insurance company involved in the accident.
- If you were self employed at the time of the accident, you must be able to prove your earnings in order to receive benefits.
- Additionally, certain procedures for filing an accident claim may require you to file a lawsuit against the insurance company representative regarding the conditions of the car accident and the injuries you suffered as a result.
Statutory Accident Benefits FAQs
Who Can Claim Accident Benefits?
All persons injured in a motor vehicle accident. In addition, some parent relatives or dependents may apply for these benefits if they have suffered psychological or emotional damages in the accident. Thus, they may be entitled to benefits for the accident even if they were not immediately involved in the accident. These benefits are intended to help manage the psychological or emotional trauma suffered because of the injured parent relative.
Do you have more than one insurance policy? If so, there are special rules that dictate where benefits are received.
How Do I Claim Accident Benefits?
First, you must report the motor vehicle accident and any damage to your vehicle or property. Second, you must report your injuries to your insurance company. Claims for compensation and claims for serious damage are two separate reports.
How Long Do I Have to Claim Accident Benefits?
You must report the injury to your insurance company within 7 days of the event. The insurance company will then send you an application for benefits (also known as an OCF-1 form). It takes 30 days to complete and return this form. However, if you lose your window, which is not necessarily unfortunate, you will need to provide a reasonable explanation as to why you cannot fill it out within the 30-day timeframe.
The insurance company will then request details of your injuries in order to assess your need for specific benefits. It is important to have a legal representative with you to help you and your
You will then need a physician or other medical specialist to complete a Certificate of Disability (OCF-3 form). This form documents the injury or disability you sustained and what you will no longer be able to do because of them. Additionally, it may include your ability to return to work. The insurance company will then return with a fixed amount to close the claim. Once you accept the amount, you cannot return and ask for more. Therefore, it is very important that you are satisfied with the amount offered to you. Additionally, you should always consult a lawyer to make sure that you are not more qualified.
The amount of money you compromise on your safety could affect your claim of bodily harm if you decide to hunt a guide. If you are considering taking legal action, do not sign anything from your insurance company without talking to an attorney.
What If the Driver Doesn’t Have Insurance?
If you are injured by an uninsured driver, you may be entitled to compensation from the Motor Vehicle Accident Claims Fund. In Ontario, it is illegal to drive a motor vehicle without insurance. Unfortunately, this does not prevent all uninsured drivers from being behind the wheel. The Claims with Motor Vehicles Fund was established to protect people injured in accidents where there is no insurance. For more information on Automobile with Auto.
How Can A Personal Injury Lawyer Help Me File For SABS?
If you have been injured in a car accident, it is important to access the benefits for which you qualify. The benefits you receive from insurance may affect the amount you receive in civil court. Therefore, you should always contact an attorney who specializes in personal injury. A personal injury attorney can help you make the right decision before signing on to the bureaucracy.
Car Accident Lawyers personal injury can help you browse through the often overwhelming legal process. In this way, we can ensure that you are fairly compensated. Our attorneys have 40 years of combined experience to guide you through complex legal, medical, and insurance issues. This allows you to focus on what is important: your recovery and restoration.
Need Help With Your Accident Benefits Claims?
Navigating the legal process to obtain benefits due to an accident can be confusing and overwhelming. Between recovering from your injuries, dealing with insurance companies, and battling medical bills, this can prove to be a stressful period. We are here to help you.
We Fight For The Compensation, Care And Support You Deserve.
Car Accident Lawyers has 35 years of experience and a dedicated team of legal accident Our accident benefits attorneys work to ensure that our clients deserve the maximum facilities and the least possible.
We also provide a helpful source of sobriety and recovery so that you and your loved ones can focus on the healing process.