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Accident Benefits - Who Can Claim?

Who Can Claim Accident Benefits in OntarioIn Ontario, if you are hurt (physically or psychologically) as a result of an accident involving the use or operation of an automobile, you may qualify for accident benefits. This means that if you were hurt as a pedestrian, on a motorcycle, or as a passenger in a single-vehicle crash, you can apply for benefits. If your child or another family member was hurt, in some cases may be able to apply for benefits. Even if you were injured outside of Ontario, you may be able to apply for benefits.

This article briefly outlines who may be entitled to certain accident benefits. This article does not provide a comprehensive list of who is/is not entitled. Each case depends on the facts and unique circumstances may entitle one person and not another. You should contact a qualified car accident lawyer for a complete assessment of your case and the accident benefits to which you may be entitled.

Who Can Claim Accident Benefits?

While each benefit provides a specific eligibility test, generally, you must:

Car InsuranceIf you were driving your vehicle when you were hit by another person, you are likely ‘an insured person’ under your own insurance policy. If you do not have your own insurance, you may still qualify for accident benefits if, for example, you are a named driver under another person’s policy, you are a dependant of your insured parent, you were a pedestrian hit by an insured driver, or you were a passenger in someone else’s car or truck.

A person who was not directly involved in a collision, but suffers psychological or mental injury as a result of an accident that results in physical injury to certain other persons, may also qualify for benefits. For example, if your child is injured and you have to take time off work, or need counselling, you may be able to claim benefits.

An automobile does not just mean a car, truck, or van. A passenger bus or motorcycle would qualify as an automobile. Off-road and recreational vehicles are tricky and may qualify depending when, how and where they are being used. In some cases, a golf cart may be an automobile while in others it will not. The question really depends on the circumstances.

Likewise, whether you were involved in an ‘accident’ also depends on the circumstances. You do not have to be a driver or a passenger in a car to quality. For example, a person injured in a parking lot after slipping on ice on the way to his car may be eligible. If you were injured when hooking your trailer onto the back of her van for a camping trip, you may qualify.

If you suspect you may be ‘insured’ or involved in an ‘accident’ you may wish to seek legal advice.

If you feel you are entitled to accident benefits but your insurer is denying payment of the accident benefit, feel free to contact us to assist you with your accident benefit claim.

*** The information above is not intended to be legal advice. Each situation is different and the information provided above may not provide you with all law applicable to your facts. To ensure you are properly protected under the law applicable to your facts, please contact Murray Ralston Law for a free consultation.

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