Statutory Accident Benefits
Every automobile insurance policy in Ontario carries coverage for statutory accident benefits. These benefits are available to anyone who has been injured in a motor vehicle accident regardless of who is at fault (hence they are often called “no fault benefits”). Benefits are available even if the injured person does not own a vehicle and is not listed on an insurance policy (in such cases, the person’s application for benefits is sent to the insurer of the vehicle he or she was in at the time of the accident, or to the insurer of the striking vehicle if the person was a pedestrian).
In years past, the benefits available to victims of motor vehicle accidents were extensive, and included assistance with care giving and housekeeping if needed. Unfortunately, statutory accident benefit coverage has steadily eroded in recent years. Presently, the majority of people injured in accidents are limited to income replacement benefits (up to a maximum of $400 per week, assuming they qualify) and medical/rehabilitation benefits of up to $3,500 for treatment such as massage, physiotherapy, chiropractic adjustments as high as $65,000.000 up to $1,000,000.00.
There are several reasons why it is extremely important for an injured person retaining experienced representation in preparing and managing accident benefit claims. First, the application process itself is complex – numerous forms must be completed and deadlines must be met in order to avoid delay or outright denial for payment of benefits. Second, an experienced lawyer or paralegal will know what is required from a medical and legal standpoint to maximize a person’s benefit entitlement. Third and finally, if the person has a companion tort claim against the at-fault driver(s), it is essential that the accident benefit claim is properly built to support this claim.
At Actual Legal Services we have dealt with statutory accident benefit claims for decades. We have seen all the legislative changes over the years and know how to utilize our experience as leverage to obtain outstanding results for our clients. Please give us a call or complete our contact form to set up a free consultation to allow us the opportunity to explain what we can do for you.