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.


Ontario insurance accident benefits claims: Can a relative make a claim on my insurance?

Ottawa Insurance Claims Lawyers David Hollingsworth

Is everyone entitled to an insurance claim?

Yes, any person injured in an automobile accident in Ontario can make an insurance claim. This includes claim their relatives and/or dependents.

Are there any restrictions on making an insurance claim in Ontario?

There are some limitations to their insurance claim if one has broken the law during the accident in Ontario. If this is the case, they cannot receive income replacement benefits, visitors expenses, non-earner benefits, lost education expenses, expenses of visitors and the housekeeping and home maintenance benefits.

What happens if the injured does not have insurance ?

The person injured may claim these benefits from their own insurance company. If they do not have an insurance company, they can claim it at the driver at-fault’s insurance company. If none of the persons involved have insurance, the claim can be made through the Motor Vehicle Accident Claims Fund.

Who can help me with my insurance claim?

Regardless if you have been at fault or not or have insurance or not, we can help you. There are options. We understand the stress you are going through and can help. Our Ottawa personal injury lawyers have been helping people with their insurance claims since 1999.

Contact one of our Ottawa lawyers for a free consultation and help with your Ontario accident benefits insurance claim.

 

 


Ottawa Accident Lawyer: Important timelines when filing an insurance claim after an accident.

Accident and Insurance Timelines

Ottawa Insurance Claims Lawyer David Hollingsworth. Anyone can get hurt in an accident at any given moment. It happens so quickly and the after effects can be devastating. In Ontario, there are certain timelines that need to be adhered to make an insurance claim as easy as possible, following an accident. If you or someone you love has been injured in an accident, these timelines need to be adhered to as best as possible.

First and foremost, if needed seek medical attention immediately and ensure that your health needs are being met.

Within 7 days of your accident, it is crucial…
That you or a loved one notifies your insurance company of  the accident.

Within 30 Days of your accident, it is crucial…
That you make an application for accident benefits.

Within 2 Years of your accident, it is crucial…
Your personal injury lawyer files a tort claim against the party who is at fault for the accident. This in turn, makes a claim against the insurer if you are denied accident benefits from your own insurance company.

As an Ottawa personal injury lawyer, I know that the days immediately following an accident, it is difficult to start making claims and filling out applications.  That is why it is best to contact an Ottawa personal injury lawyer and let them do this for you.Your job is to recover .  Their job is to help you.  I can’t tell you how much stress is immediately relieved when I tell my clients in the initial meeting. “Don’t worry, we can take care of this for you.” I can immediately see it in my clients faces and bodies.

There are certain exceptions to these timelines; however they are rare.  If you happen to fall into this category, it is best you consult with a personal injury lawyer and let them look into it for you.

For more information visit www.ottawainjury.ca

 


Ontario cyclists and accident benefits insurance compensation. You may be entitled !

Ottawa Bicycle Accident Lawyer David Hollingsworth

Did you know that as a cyclists you are entitled to Ontario accident benefits coverage ?

Your own auto insurance, may cover your physiotherapy, your income loss, pain and suffering, attendant care, rehabilitation or any other costs associated with your injuries as the result of a cycling accident. If you don’t have car insurance, the driver ‘s car insurance can also cover your costs. If a child suffers an injury while cycling, your vehicle insurance will cover the associated costs for recovery . Regardless of who is at fault, cyclists are covered.

Are there timelines to adhere to when it comes to cycling accidents ?

Yes, within 120 days of the cycling accident, you need to give notice to the driver’s insurance and your insurance company if you have one.  Your personal injury lawyer can do this for you. Then, a standard claim must be started withintwo years of the date of the accident.  There are exceptions to these timelines.  If you are unclear as to whether or not your timelines are up or not, contact an Ontario personal injury lawyer and they can answer that question for you.  If you are close to the limitation period, it is best to consult immediately with an Ontario personal injury lawyer, as it may take a little time to get the paperwork in to begin the claim.

Even if you have spoken with your insurance company, that does not constitute a claim being started.  Be careful that you do not miss the limitation period while discussing matters with your insurance company. If you aren’t sure of whether or not you will start a claim, it’s always best to get a free consultation for an Ontario personal injury lawyer and see what they have to say. After all, this is what they see day in, day out and they will be able to immediately point you in the right direction.

Will you need to go to court for a bicycle accident in Ottawa ?

In most cases, you will not go to court.  In most cases, your Ontario personal injury lawyer will negotiate a maximum settlement for you and deal directly with the insurance adjuster on your behalf.

How much will it cost to start a lawsuit for a cycling accident ?

In most cases , your Ontario personal injury lawyer will cover your costs as part of the claim. You will not have any out of pocket expenses .  Most Ontario personal injury lawyers will take your case on a contingency basis which means once and only when your case settles do you pay your personal injury lawyer and they will take an agreed upon percentage of your settlement.  This fee is discussed and you and your lawyer agree upon what that fee will be.

 


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.

 

 


Ottawa cycling- How to avoid a child bicyle accident – Ottawa lawyer David Hollingsworth

Ottawa Injury Lawyer David Hollingsworth www.ottawainjury.ca  Hopefully that gorgeous warm Ottawa weather we had last week will be back very soon.  When the warm weather comes back so will the many children on their bicycles.  It’s important to remember that these little ones haven’t formally been taught the “rules of the road”.  I have a few reminders here for you to read and discuss with your child.  I also wanted to remind us all to slow down when approaching these little guys on back.  some of them are just learning to drive a bicycle and could veer off the sidewalk at any time.  Some cyclists are also just learning the rules when it comes to sharing the road.  Please be patient and extra cautious…Enjoy this upcoming spring Ottawa !

Child Cycling Safety :

Always obey all street signs and signals.

-Always walk your bicycle while crossing the street.
-Cross the street at the corners only
 -Do not drive a bicycle after dark or in dangerous weather.
-Check carefully..STOP and look to the left, to the right and then the left again before entering traffic
-Use the right-hand side of the road, and ride in the same direction as traffic. don’t double up with your friend. —Ride your bicycle single file.
-Use bicycle safety hand signals.

-Always wear bright coloured clothing and reflective clothing and accessories so cars can see you.
-Always wear a helmet and make sure it fits well.

Most of all use common safe and cycle safely !

—-The Ottawa Injury Lawyer Blog is written regularly by Ottawa Ontario personal injury lawyer David Hollingsworth. The Ottawa Injury Lawyer 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 subject  you would like to know about or  if you have a question,  please call or email me: david@ottawainjury.ca (613) 978-9549

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Ontario Bicycle Accident Lawyer David Hollingsworth, Ottawa Cycling Safety


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.