Ontario Accident Benefits Insurance Claims David Hollingsworth Personal Injury Lawyers. The Ontario insurance regime is one of the most complicated insurance regimes in North America. When it comes to car insurance, you certainly don’t want to scrimp but you always don’t want to pay extra money if it’s not needed. Sadly, when it comes to choosing optional accident benefits, many people will automatically settle for basic coverage. As an Ottawa personal injury lawyer, I can tell you, this may be a huge mistake.
Now, the truth is hopefully you will never need to access your accident benefits . Great ! If you do however get injured in an accident, you may find yourself unable to work, injured, in a home that needs modifications and that’s when you want to make sure you have access to as much accident benefits compensation as possible. Sadly, most people don’t really know what their accident benefits insurance coverage is until they really need it.
A basic auto insurance policy in Ontario contains far less accident benefits coverage than a policy where the “top-ups” have been purchased. Along with this decrease in benefits comes a decrease in yearly premium payments. Many will opt for this. I would caution you not to. I urge everyone to speak with their broker and find out what optional benefits are available to you and at what cost.
For instance the Medical and Rehabilitation Benefits jump from $100,000 to $50,000 or possible even $ 3,500 if you have purchased the optional benefit.
If you purchase additional accident benefits, you can be entitled to Housekeeping Benefits and Caregiver Benefits , which have been eliminated in the basic policy.
Attendant Care Benefits are another optional benefits that can be purchased and allow you to have access to $72,000 instead of $36,000. You may have access to additional accident benefits through your work and in this case may not require purchasing additional accident benefits.
It’s important to know what options you have and choose what’s best for you and your family. Another important piece of information you need to know is that if you have more than one vehicle, you only need to purchase these additional accident benefits for one vehicle only.
In my opinion, the top up amounts are well worth it. An average vehicle can purchase most additional accident benefits for under $200 a year. That $200 a year translates to a significant amount of money if you need, when you really need it. I cannot tell you how many personal injury cases I have settled where people have given additional much need funds and they are so thankful that they purchased those additional accident benefits. Talk to your broker about what options you have and what accident benefits are available to you. To read about some of the accident benefits settlement amounts we’ve secured for our clients visit http://www.ottawainjury.ca/cases
Insurance Claims Lawyers
I am often asked to help fill out Ontario accident benefit forms. This is a task that our accident benefits specialists do every day and I know exactly how to fill them out so that there is no room for ambiguity. I don’t want to scare anyone off filling them out themselves but the truth is , they absolutely need to be filled out in detail and correctly.
Unfortunately Ontario accident victims can’t miss giving pertinent information or the insurance company can use that against them when it comes time to settling their case. Is this fair? Absolutely not but it does happen. That is why I feel strongly about guiding my clients through this process. It is worth us taking the extra time to help at the very beginning and our lawyers and accident benefit specialists are happy to do so.
The Ontario Accident Benefit Forms ; otherwise know as OCF forms are detailed, complicated and there are many of them that need to be filled out in a timely manner. Not to mention that you or a family member has just been in an accident and filling out forms is the last thing on your mind. I can tell you first hand that people come to me to tell me their story and get some advice. As soon as I help them with their forms, it is like a weight has been lifted and they are able to catch their breath.
I know the stress associated with an accident and I, along with my team of Ottawa personal injury lawyers, accident benefit specialists and personal injury law clerks are dedicated to not only getting maximum compensation for our clients, we want to help them rebuild their lives after an accident. It’s important to us. The following is a list of some of the Ontario Accident Benefits forms you may need help with:
OCF-1: Application for Accident Benefits
OCF-2: Employer’s Confirmation Form
OCF-3: Disability Certificate
OCF-4: Death and Funeral Benefits Application
OCF-5: Permission to Disclose Health Information
OCF-6: Expenses Claim Form
OCF-10: Election of Income Replacement, Non-Earner or Caregiver Benefits
OCF-18: Treatment and Assessment Plan
OCF-19: Application for Determination of Catastrophic Impairment
OCF-21: Auto Insurance Standard Invoice
OCF-23: Treatment Confirmation Form
OCF-24: Minor Injury Treatment Discharge Report
Let our personal injury lawyers and accident benefit specialists help you with your OCF forms and accident benefits package. We do this for free !
Ottawa Personal Injury Lawyer David Hollingsworth, Ontario Injury Lawyers, Income Replacement Benefits..Often times after suffering a personal injury in a motor vehicle accident you may not be able to return to work right away. You also may not be able to provide for yourself and your family. Depending on the severity of your personal injuries, you may not be able to work for a few days, maybe a few months or perhaps even longer. This is very stressful and this is where income replacement benefits comes in.
What are Income Replacement Benefits?
Income Replacement benefits are available to Ontario personal injury victims who were employed or self employed at the time of the motor vehicle accident in Ontario and who, as a result of the personal injuries sustained in the Ontario accident, “suffer a substantial inability to perform the essential tasks of their employment”. This is the definition that applies for the first 2 years following a car accident in Ontario.
Following 2 years after an Ontario accident, it changes and becomes much more difficult to qualify for income replacement benefits. To continue to qualify for income replacement benefits, Ontario accident victims must have “a complete inability to engage in any employment or self-employment for which they are reasonably suited by education, training or experience.”
How much do Ontario accident victims get for Income Replacement Benefits?
The amount of income replacement benefits received depends on a number of different factors such as one’s income before the accident. As well as whether or not you opted to purchase additional accident benefits.
- For motor vehicle accidents occurring after September 1, 2010, the amount of the weekly income replacement benefits is based on 70% of your gross weekly income before the accident, subject to the maximum amounts.
- Under the standard accident benefits limits, the maximum weekly amount payable for the first 2 years following the accident in Ontario is $400 per week
- No income replacement benefits are payable in the first 7 days following an Ontario accident
- Optional accident benefits limits increase the maximum weekly amount to $600, $800 or $1,000 per week
How to apply for income replacement benefits…
In order to receive income replacement benefits, Ontario accident victims need to submit a completed
- OCF-10 Election of Income Replacement, Non-Earner or Caregiver Benefit
- OCF-3 Disability Certificate
- OCF-2 Employer’s Confirmation
If you have been involved in an Ontario car accident and are unable to work, you most likely qualify for income replacement benefits. It is important that before you fill out the associated accident benefits forms that you contact an experienced Ontario personal injury lawyer . The best Ontario personal injury lawyers not only will help you fill out these forms, they will ensure that it is done in a manner that gets you maximum benefits support.
The Ottawa Injury Blog is written regularly by Ottawa Ontario injury lawyer David Hollingsworth. Since 1999, David has been an Ontario personal injury lawyer representing Ontario accident victims who have suffered a personal injury and the families of accident victims who have lost a loved one in an Ontario accident. This blog reports on accidents in eastern Ontario, personal injury issues, local Ottawa news and events and various news that relates to Ottawa, accidents and personal injury. Visit www.ottawainjury.ca for more information. If you have a question, feel free to call or email email@example.com (613) 978-9549
Ontario Personal Injury Lawyer David Hollingsworth, Income Replacement Benefits, Ontario Accident Benefits
How long does a personal injury lawsuit take in Ontario?
After an accident, your world is turned upside down. You may have lost a loved one or you may be in pain and unable to do some everyday tasks you once could. You probably have a million questions that need to be answered.
An Ontario personal injury lawyer can help answer any questions you may have that relate to Ontario accidents, personal injury, accident benefits, insurance claims, medical specialists, services available and more …
Most people who come to me as an Ontario personal injury lawyer want to know: how their case will proceed , how long it will take and what is the maximum compensation they are entitled to in Ontario.
There is no one answer to these questions but after reviewing all the facts in your case, an Ontario personal injury lawyer can best give you an idea of what course to take and what compensation you are entitled to.
What happens in an Ontario personal injury lawsuit?
Shortly after you hire an Ontario personal injury lawyer, they will notify the defendant (i.e. the person’s insurance company who you plan to sue) that you intend to file a claim.
Typically, the insurance company will try to negotiate directly with you and hope that an Ontario personal injury lawyer does not become involved.
The reason for this is that typically Ontario personal injury lawyers can negotiate a much much larger settlement amount in compensation.
They know how to develop a personal injury case to show not only what compensation you need now but what compensation you will need in 20 years from now, as the result of an accident.
If the insurance company does not offer you a reasonable amount, your Ontario personal injury lawyer will commence the lawsuit. This is done by filing a document called a “Statement of Claim” with the Court office and then serving the defendant with the Statement of Claim.
The insurance company generally have their own lawyers and will in turn file a “Statement of Defence”.
The Ontario personal injury lawyer and the representative for the insurance company then exchange documents and proceed to “examinations for discovery”.
At the examinations for discovery, each side is asked questions about the accident by the other party’s lawyer.
The best Ontario personal injury lawyers will arrange medical examinations for you. The insurance company is also entitled to have you seen by medical professionals it chooses, although there are limits on this right. This is not something you should be afraid of; don’t worry.
Your Ontario personal injury lawyer and the insurance company can offer settlement compensation at any point and your Ontario personal injury case can be resolved at any given moment. A lot of Ontario lawsuits are settled at a “mediation”.
A mediation in Ontario is an attempt to settle the case. The Ontario personal injury lawyer and the insurance company agree upon the mediator they want to reach a settlement amount in their personal injury case.
A few months before trial, there will also be a “pre-trial” meeting.
The pre-trial meeting is a venue, whereby an Ontario judge can offer input to the Ontario personal injury lawyer, as well as the lawyer for the insurance company. Typically, the Ontario judge will offer their opinions in regards to the strengths and weaknesses of the case.
Often times, cases settle at, or shortly after, the pre-trial meeting. Most Ontario personal injury lawsuits are settled before trial.
However, some lawsuit do not settle and you will be given a trial date. The unsuccessful party at trial can appeal the trial decision to the Court of Appeal for Ontario.
How long does a personal injury lawsuit in Ontario take to resolve?
The length of time it takes to resolve an Ontario personal injury lawsuit depends on many factors:
- How quickly you respond to your Ontario personal injury lawyer’s requests for information and documents;
- If the insurance company is cooperative;
- How long it takes for your doctors to provide a report as to what the long term implications of your personal injuries will be;
- How much time it takes to prepare and receive reports from doctors, other health professionals and other institutions;
- How long it takes for the defence lawyer to arrange various defence medical examinations: and
- How long it takes to obtain a trial date in Ontario. The sooner you commence your lawsuit, the better.
The most important thing you need to do after an accident is recover and rebuild. You will need help and support. Ask for help from friends and family. They are for you. Don’t worry about your Ontario personal injury lawsuit. Your Ontario personal injury lawyer will do that for you.
They will represent you and fight on your behalf to ensure that you get everything you need and are entitled to. These are some of the most difficult and stressful times of your life; focus on yourself, family , friends and recovery. By hiring one of the best Ontario personal injury lawyers, you can concentrate on your recovery.
Visit www.ottawainjury.ca for more information. David understands, he cares and he is here to help.
mobile (613) 978-9549 / (613) 237-4922 ext.203
Ottawa Insurance Claims Lawyer – David Hollingsworth . I often get calls asking me what to do if there is no insurance available to accident victims in Ontario.
Is all hope lost if you have been in an accident and don’t have insurance? No, thankfully the government of Ontario has put a fund in place to help people who have been injured in an accident in Ontario and are left with no where to turn to for compensation.
The Motor Vehicle Accident Claims Fund: No Insurance…
- to provide statutory accident benefits directly to those with personal injury involved in an automobile accident, who have no access to automobile insurance;
- to provide financial compensation for personal injury or property damage to victims involved in an automobile accident with an uninsured or unidentified driver or a stolen vehicle when no liability insurance exists; and
- to recover from the owners and drivers of uninsured vehicles monies paid out on their behalf, where legally permissible.
If you been involved in an Ottawa or Ontario car accident and do not have motor vehicle insurance, or if you been in an Ottawa accident or Ontario accident and other party does not have insurance, you may still have recourse and be entitled to compensation. There may be benefits available to you. I have successfully obtained significant settlements for my clients with personal injury from the Motor Vehicle Accident Claims Fund. I helped them and I can help you. Visit www.ottawainjury.ca for more information or call 613 978-9549.