MOTOR VEHICLE ACCIDENT BENEFITS
What are accident benefits? Accident benefits are the money and services that your car insurance company is supposed to pay to you when you have a motor vehicle accident. These benefits are often referred to as “no-fault” benefits. You are entitled to receive these accident benefits whether you are at fault for the motor vehicle accident or not. In Ontario, these motor vehicle accident benefits are required by the Insurance Act and its Regulations. They are described in the Statutory Accident Benefits Schedule.
You must notify your insurance company within seven days of your accident if you wish to apply for accident benefits. The insurance company will send you an envelope with documents to complete. Those documents must be returned within 30 days of receiving them. Although most insurance companies will accept them after the 30 day timeline.
Medical and rehabilitation expenses
You are typically entitled to receive money to cover the treatment for your injuries arising from the motor vehicle accident. In the case of a minor injury, you are entitled to $3500. Murray Ralston Lawyers may be able to assist you in recovering for your expenses beyond this amount. Many individuals are entitled to receive $50,000 for treatment for their injuries and some people may receive more if additional coverage was purchased. When an injury arising from the motor vehicle accident is determined to be catastrophic in nature, entitlement to medical and rehabilitation costs are limited to $1,000,000. The Ontario government has unfortunately passed legislation reducing the total maximum allowable for these categories of care by 50%, to a combined total of one million dollars. In order to get your treatment, the insurance company will require certain forms to be completed by a health care professional.
Income replacement benefits
You also may be entitled to receive from your insurer income replacement benefits of up to $400 per week (unless additional benefits were purchased). You are not entitled to income replacement benefits for seven days after a motor vehicle accident. Income replacement benefits are intended to compensate you partially for your loss of income arising from your motor vehicle accident. You may receive income replacement benefits for up to two years. In some cases you will be entitled to income replacement for longer than the two years if you are completely unable to work in any employment that is reasonable given your education, training, and experience.
If you were a student and not working at the time of the motor vehicle accident you may be entitled to a non-earner benefit. This applies where you are not working at the time of the motor vehicle accident and are completely unable to carry on a normal life. A non-earner benefit is not payable for the first 26 weeks following the motor vehicle accident.
Other motor vehicle accident benefits that may be available to you includes:
· Attendant care benefits;
· Caregiver benefits;
· Lost education expenses;
· Visitors’ expenses;
· Housekeeping and home maintenance benefits; and
· Funeral and death benefits.
Whatever the accident benefits don’t compensate you for, you may claim against the at-fault driver in a court of law.
Ready to find out more?
If you have been in a motor vehicle accident, contact Murray Ralston lawyers for a free consultation. We will advise you what you are entitled to receive and how to get it.
*** 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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