Accident Benefits Claims in Ontario: Car and Motorcycle AccidentsCar accidents in Ontario, continue to cause catastrophic injuries. If you have been hurt in a car accident in Toronto, the GTA or southern Ontario you know that the consequences can be life-changing.
Ontario has a no-fault insurance system for automobile and motorcycle accidents. This benefit is available if you are injured in a car accident, truck accident, or motorcycle accident. It is available whether you are a driver or a passenger. The benefits are available even if you are at fault for the accident. In addition to the no-fault Ontario Statutory Accident Benefits, an injured person in Ontario can also obtain compensation from the at-fault driver's insurance company if there injury meets certain threshold. If you are injured as a result of a car accident or motorcycle accident in Ontario, you may be entitled to compensation from two sources:
Accident Benefits Are Paid By One of the Following Insurance Companies:
There are also priority rules that determine which insurance provider is responsible for paying the accident benefits claim. |
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Ontario Accident Benefits
Accident benefits are available to anyone involved in an Ontario motor vehicle accident regardless of who is at fault. These benefits are available under the Ontario auto insurance policy. Accident benefits may pay for items such as:
Income Replacement
Medical and Rehabilitation
Attendant Care
Housekeeping
Death Benefits
In order to obtain Ontario accident benefits, a number of documents and applications (Accident Benefits Forms) will need to be filled out and provided to the insurance company. The accident benefits scheme is complex, there are continuing obligations and deadlines for filing and providing information. It is strongly recommended that you have an experienced lawyer assisting you with your accident benefits application in order to ensure that you are receiving all available accident benefits.
Income Replacement Benefits:
The accident benefits insurer is required to pay income replacement benefits for the period in which you suffer a substantial inability to perform the essential tasks of your employment or self-employment. The insurer is not required to pay an income replacement benefit for the first week of the disability or after the first 104 weeks of disability, unless, as a result of the accident, you are suffering a complete inability to engage in any employment or self-employment for which you are reasonably suited by education, training or experience.
Amount of Income Replacement Benefit:
The weekly amount of an income replacement benefit is 70 per cent of the gross weekly income, up to a maximum of $400 per week, unless optional coverage was purchased by you, which could increase the amount of the income replacement benefit.
Non-Earner Benefits:
If you were not employed at the time of the accident, you may be entitled to a non-earner benefit of $185 per week. The waiting period for meeting eligibility for non-earner is now 4 weeks. This benefit is available for a maximum of two years.
Caregiver Benefits:
The accident benefits insurer is required to pay a caregiver benefit if you were a primary caregiver for a person in need of care and did not receive any remuneration for engaging in caregiving activities. The caregiver benefit is $250 per week plus up to $50 for each additional person requiring care, provided you sustained a catastrophic impairment as a result of your accident.
Medical and Rehabilitation Benefits and Attendant Care:
The accident benefits insurer is required to pay for medical and rehabilitation expenses and attendant care. Insurance policies in Ontario now combine Medical Rehabilitation with Attendant Care coverages. The amounts available for Medical and Rehabilitation/Attendant Care benefits depend upon the coverage you purchased as well as the classification of your injury. The amounts of coverage are generally as follows:
Housekeeping and Home Maintenance:
The accident benefits insurer is required to pay up to $100 per week for housekeeping and home maintenance services if, as a result of the accident, the you sustained a catastrophic impairment.
Death Benefits:
The accident benefits insurer is required to pay the following death benefits for fatal accidents:
There are also important dates and deadlines for filing Accident Benefits Claims.
Accidents Outside of Ontario:
If you were injured outside of Ontario, such as a car accident in the United States, you will be given the choice between Ontario benefits and those of the State where the accident occurred. Before making an election of benefits from your car insurance company, it is important to get advice from a lawyer. The election of benefits can have major consequences on the benefits available to you following an accident.
For more information about Accident Benefit claims, contact personal injury lawyer, Andrew A. Iacobelli, for a complimentary consultation.
Income Replacement
Medical and Rehabilitation
Attendant Care
Housekeeping
Death Benefits
In order to obtain Ontario accident benefits, a number of documents and applications (Accident Benefits Forms) will need to be filled out and provided to the insurance company. The accident benefits scheme is complex, there are continuing obligations and deadlines for filing and providing information. It is strongly recommended that you have an experienced lawyer assisting you with your accident benefits application in order to ensure that you are receiving all available accident benefits.
Income Replacement Benefits:
The accident benefits insurer is required to pay income replacement benefits for the period in which you suffer a substantial inability to perform the essential tasks of your employment or self-employment. The insurer is not required to pay an income replacement benefit for the first week of the disability or after the first 104 weeks of disability, unless, as a result of the accident, you are suffering a complete inability to engage in any employment or self-employment for which you are reasonably suited by education, training or experience.
Amount of Income Replacement Benefit:
The weekly amount of an income replacement benefit is 70 per cent of the gross weekly income, up to a maximum of $400 per week, unless optional coverage was purchased by you, which could increase the amount of the income replacement benefit.
Non-Earner Benefits:
If you were not employed at the time of the accident, you may be entitled to a non-earner benefit of $185 per week. The waiting period for meeting eligibility for non-earner is now 4 weeks. This benefit is available for a maximum of two years.
Caregiver Benefits:
The accident benefits insurer is required to pay a caregiver benefit if you were a primary caregiver for a person in need of care and did not receive any remuneration for engaging in caregiving activities. The caregiver benefit is $250 per week plus up to $50 for each additional person requiring care, provided you sustained a catastrophic impairment as a result of your accident.
Medical and Rehabilitation Benefits and Attendant Care:
The accident benefits insurer is required to pay for medical and rehabilitation expenses and attendant care. Insurance policies in Ontario now combine Medical Rehabilitation with Attendant Care coverages. The amounts available for Medical and Rehabilitation/Attendant Care benefits depend upon the coverage you purchased as well as the classification of your injury. The amounts of coverage are generally as follows:
- $65,000 if you suffer a non-catastrophic injury. If you purchased optional coverage, the amount increases to $130,000, if you suffer a non-catastrophic injury.
- $1,000,000 if you suffer a catastrophic injury.
Housekeeping and Home Maintenance:
The accident benefits insurer is required to pay up to $100 per week for housekeeping and home maintenance services if, as a result of the accident, the you sustained a catastrophic impairment.
Death Benefits:
The accident benefits insurer is required to pay the following death benefits for fatal accidents:
- $25,000 - $50,000 to the victim's spouse - depending on the coverage purchased.
- $10,000 - $20,000 to each former supported spouse - depending on the coverage purchased.
- $10,000 - $20,000 to each of the victim's dependents. This may be more depending on coverage.
- $10,000 - $20,000 to the person on whom the victim was dependent.
- Up to $6,000 - $8,000 in funeral expenses - depending on coverage purchased.
There are also important dates and deadlines for filing Accident Benefits Claims.
Accidents Outside of Ontario:
If you were injured outside of Ontario, such as a car accident in the United States, you will be given the choice between Ontario benefits and those of the State where the accident occurred. Before making an election of benefits from your car insurance company, it is important to get advice from a lawyer. The election of benefits can have major consequences on the benefits available to you following an accident.
For more information about Accident Benefit claims, contact personal injury lawyer, Andrew A. Iacobelli, for a complimentary consultation.
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