What are Ontario Accident Benefits ? Are family members entitled to accident benefits?

Ontario Car Insurance Claims and Accident Benefits. Who can access Ontario benefits?

Statutory Accident Benefits (SABS) are provided by law in every Ontario auto insurance policy. All Accident Benefits are standard and equal among insurance companies, unless you opt for “top up” coverage. Ontario  Accident Benefits provide compensation, regardless of who is at fault, for drivers, passengers, pedestrians and family members who suffer personal injury or death caused by an accident in Ontario or any accident if you are a resident in Ontario. The following accident benefits are the standard Ontario Accident Benefits and are available to most accident victims in Ontario:
  • Income Replacement: Just like it says…the income replacement benefit compensates  for lost income/wages.
  • Non-earner benefit: The non-earner benefit applies when you are unable to carry on a “normal life” and do not qualify for either an Income Replacement benefit or Caregiver benefit.
  • Caregiver benefits: Compensation for expenses incurred when a member of your home needs care and someone is hired to care for them because you no longer can.
  • Medical benefits: Covers medical expenses that occurred as a result of the injury.
  • Rehabilitation benefits: Covers rehabilitation expenses incurred as a result of an injury.
  • Attendant Care benefits: Covers some of the expense incurred by hiring an aide or attendant.
  • Compensation for Other Expenses: These accident benefits pay for some expenses such as monies put out by family members costs in being with you during visitation and recovery. Often times some housekeeping and home maintenance is also covered , as well as lost or damaged articles during accident. ie: computer in car etc…
  • Death benefits: Family members may collect this accident benefit on behalf of a deceased family member.
  • Funeral benefits: These accident benefits help cover funeral expenses.

There are many more Ontario accident benefits available to Ontario drivers.  If you are unsure of whether or not you are receiving everything you are entitled to from your Ontario insurance company, it is best you consult with an Ontario injury lawyer.  We meet daily with people and walk them through their best options. Often times all they need is a little advice.  Unfortunately most insurance companies will not tell you unless you ask and most people don’t know what to ask for.  We know Ontario accident benefits inside and out we have experienced staff who specialize in Ontario accident benefits.  We can help.


If in an Ontario accident, do you have to provide your insurance information ?

Ontario Accident Insurance Claims

If in an accident, do you have to provide your insurance  information ?  The answer is yes. Section 200 of the Highway Traffic Act states that any person involved in an Ontario accident must, when requested, must provide his/her name, address, driver’s licence number, insurance policy information and ownership information.  This information must also be given to the police and to all witnesses or anyone else who may have been involved in the Ontario accident. Failure to comply with section 200 means that they are guilty of an offence.  On conviction , they can be fined or even imprisoned or have their licence suspended.

What you should do if someone refuses to give you their information.

Should someone refuse to give you their information, try to get as much information as possible and contact the police as soon as possible.   If the driver was uninsured , the police will have access to this type of information. Most likely, the police will charge the other driver.  In terms of Accident Benefits, you will still be covered by your own insurance company, so do not worry. Obviously it goes without saying, never attempt to be forceful with someone, simply write down what information you have and hand it over to police.

If you have been involved in an accident, it’s best you contact an Ottawa personal injury lawyer and together, you can determine what your rights are relating specifically to your accident.  Depending on the accident, nature of injuries, insurance policies and others involved, your options will vary. Experienced personal injury lawyers can help walk you through what you need to do and what you might expect in terms of rehabilitative support and compensation following an accident. Don’t think that every accident and injury is the same and just because your neighbour’s cousin was compensated a certain amount, you will be the same. You owe it to yourself to get informed. Contact our Ottawa personal injury lawyer for a free consultation.

 

 


Difference between Catastrophic injury accident benefits and Non-Catastrophic injury accident benefits

Catastrophic Injury and Non-Catastrophic Injury: STATUTORY ACCIDENT BENEFITS

Did you know that regardless of who is at fault, people injured  in motor vehicle accidents in Ontario may be entitled to certain accident benefits from their own motor vehicle insurance company regardless if they have suffered a catastrophic injury or not?

Even if you do not have car insurance, if you suffer personal injury in a car accident , you are entitled to receive compensation from the Ontario government.

Effective September 1, 2010, the SABS or  Statutory Accident Benefits Schedule  states that among other Ontario accident benefits available, Ontario accident benefits include:

  • an Income Replacement Benefit of up to $400 per week,
  • an Attendant Care Benefit of up to $3,000 per month with a maximum of $36,000, and
  • Medical and Rehabilitation Benefits of up to $50,000 over a 10 year period following an Ontario accident.

If a person dies in an Ontario motor vehicle accident, Ontario accident benefits are available for Funeral Expenses as well as a Death Benefit.

If the personal injury is more serious and is deemed within the definition of “catastrophic impairment injury”, there is an increase to:

  • $1,000,000.00 in Medical and Rehabilitation Benefits and
  • $1,000,000.00 in Attendant Care Benefits which are payable over the course of an injured person’s life.

People who have suffered catastrophic injury are also eligible for Case Management Services as well as other Ontario accident benefits such as Housekeeping and Home Maintenance Benefit of $100.00 per week payable for the duration of their lifetime.

What is the difference between a Catastrophic injury and a Non-Catastrophic injury?

Let’s start by looking at the Ontario accident benefits…

What are NON-CATASTROPHIC benefits?

  • Income Replacement Benefit – 80% of net weekly income up to maximum of $400.00 per week to a maximum period of 104 weeks.
  • Non-Earner Benefit – $185.00 per week to a maximum period of 104 weeks.
  • Caregiver Benefit – $250.00 per week for 1st child and $50.00 per week for each subsequent child to a maximum period of 104 weeks. Only applies for children under the age of 16.
  • Attendant Care Benefits – $3,000.00 per month maximum to a maximum period of 2 years.
  • Medical and Rehabilitation Benefits – $50, 000.00 maximum. 10 year maximum period.

What are CATASTROPHIC INJURY benefits?

  • Medical and Rehabilitation Benefits – $1,000,000 to use over the course of the injured person’s life.
  • Attendant Care Benefits – $1,000,000 to use throughout life.  Monthly payment maximum is $6000.00

What are these Ontario Accident Benefits?

  • Income replacement benefits help replace lost income if an employed or self-employed claimant is disabled.
  • Caregiver benefits pay certain childcare or other caregiver expenses if a stay-at-home parent or other caregiver is unable to care for a child or other person in need of care.
  • Non-earner benefits are paid if a claimant who is not employed or self-employed is unable to carry on with normal life.
  • Medical and rehabilitation benefits pay for treatment and rehabilitation assistance that is not covered by OHIP or another disability insurance plan.
  • Attendant care benefits pay for someone to look after a seriously injured claimant.
  • Funeral expenses and death benefits are paid if an insured person dies as a result of the accident.

Depending on your circumstances, you may also be entitled to other benefits, such as payments for lost education expenses, housekeeping assistance, visitors’ expenses, repair or replacement of eyeglasses or clothing damaged in the accident, or case management services.

Each and every case is different and to know exactly what you are entitled to, it is best to consult an Ontario personal injury lawyer specializing in Ontario car accidents.