Which Insurance Company is Liable to Pay Statutory Accident Benefits in Ontario?
If you are injured in an Ontario car accident, you may be entitled to Statutory Accident Benefits. These benefits are available no matter who is at fault for the accident. Also, the benefits are available to drivers, passengers, cyclists and pedestrians involved in an accident with a motor vehicle.
A common question is, which insurance company is liable to pay the statutory accident benefits? The following priority rules apply to accident benefits:
1. If you are an occupant of an automobile at the time of the accident, then accident benefits priority are as follows:
2. If you are a non-occupant, then the priority for accident benefits are as follows:
Please note that information provided in here is for general information only. It is not legal advice and should not be relied upon. If you have a legal question, you should consult a lawyer.
Ontario Accident Benefits priority rules are found in the Insurance Act, section 268(2) as set forth in Insurance Act, R.S.O. 1990, c. I.8
A common question is, which insurance company is liable to pay the statutory accident benefits? The following priority rules apply to accident benefits:
1. If you are an occupant of an automobile at the time of the accident, then accident benefits priority are as follows:
- the occupant has recourse against the insurer of an automobile in respect of which the occupant is an insured,
- if recovery is unavailable under subparagraph i, the occupant has recourse against the insurer of the automobile in which he or she was an occupant,
- if recovery is unavailable under subparagraph i or ii, the occupant has recourse against the insurer of any other automobile involved in the incident from which the entitlement to statutory accident benefits arose,
- if recovery is unavailable under subparagraph i, ii or iii, the occupant has recourse against the Motor Vehicle Accident Claims Fund.
2. If you are a non-occupant, then the priority for accident benefits are as follows:
- the non-occupant has recourse against the insurer of an automobile in respect of which the non-occupant is an insured,
- if recovery is unavailable under subparagraph i, the non-occupant has recourse against the insurer of the automobile that struck the non-occupant,
- if recovery is unavailable under subparagraph i or ii, the non-occupant has recourse against the insurer of any automobile involved in the incident from which the entitlement to statutory accident benefits arose,
- if recovery is unavailable under subparagraph i, ii or iii, the non-occupant has recourse against the Motor Vehicle Accident Claims Fund. R.S.O. 1990, c. I.8, s. 268 (2); 1993, c. 10, s. 1; 1996, c. 21, s. 30 (3, 4).
Please note that information provided in here is for general information only. It is not legal advice and should not be relied upon. If you have a legal question, you should consult a lawyer.
Ontario Accident Benefits priority rules are found in the Insurance Act, section 268(2) as set forth in Insurance Act, R.S.O. 1990, c. I.8
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