Canadian Pension Plan Disability Benefits Exempt from Excess Insurance Payments
A win for accident victims and no insurance claims
Accidents happen and sometimes there is no insurance. A recent court decision of the Supreme Court of Canada is considered a win for accident victims across Canada. The decision, reached in a Nova Scotia case, ruled that an insurer could not deduct a man’s Canada Pension Plan Benefits from his excess insurance payments according to the Family Protection Endorsement
Essentially, this decision allows accident victims to get the benefits they deserve without threat of deductions from the insurance company.
What happens when there is no insurance ?
In Ontario, when a driver is involved in an auto accident and the other driver does not have insurance, the Family Protection Endorsement can provide the victim with additional benefits through a fund called the Motor Vehicle Accident Claims Fund to make up for the lack of insurance available from the other driver.
The problem is that the endorsement allows insurance companies to deduct, from their coverage, any future benefits that they victim would receive from their disability. This could include other insurance policies or benefits provided by the Canadian Pension Plan.
With this decision, anyone involved in an auto accident with an uninsured driver can not only collect the Family Protection Endorsement benefit (if eligible), but can also be assured that any future benefits or insurance coming to them would never reduce the amount of that benefit.
This decision is significant in the wake of last June’s accident benefits reform announcement that reduced attendant care and medical and rehabilitation services coverage. To learn the details of this case, refer to Sabean v. Portage La Prairie Mutual Insurance Co.
Our Ottawa injury lawyers encourage everyone to purchase as much auto insurance as they can. It’s always best to cover yourself as much as possible. We hope you never need this insurance but if you do, you won’t ever regret making that purchase. However, if insurance is not available , there are other options.