FAQ: My husband was in a serious motorcycle accident in Kingston. He was going straight through an intersection when a car coming from the opposite direction made a left turn right in front of him. My husband flew off his motorcycle after the car crashed into him and has multiple broken bones throughout his body. I've been with him in the hospital and don't know what I need to do in terms of his insurance or accident benefits claims. Is there a separate policy for the motorcycle apart from my auto insurance policy?
Answer: I am sorry to hear about your husband's accident. While the health and recovery of your husband is top priority, unfortunately, there are insurance issues you need to address as soon as possible to ensure that he receives all the accident benefits he is entitled to. There are deadlines you need to comply with in order to receive accident benefits.
Under Ontario law, an owner of a motorcycle is required to insure his motorcycle. Therefore, your husband's motorcycle should be insured by a motorcycle insurance policy.
Under the policy, he is eligible to receive accident benefits, which cover expenses including, but not limited to:
- medical expenses and rehabilitation expenses such as physiotherapy,
- attendant care benefits, and
- income replacement benefits.
In order to receive accident benefits, you must report the accident to his insurance company to start the accident benefits claim process. The insurance company will send forms for you to complete. The amount of accident benefits your husband receives depends on the severity of his injuries.
Completing accident benefits claim forms can be overwhelming and confusing. Since you've been in the hospital with your husband, it is best that you consult a motorcycle-car accident lawyer who is an expert in statutory accident benefits to ensure that you don't miss any important deadlines and that your husband receives the maximum amount of benefits he is entitled to.
In addition, your husband may be able to file a tort claim against the driver who caused the motorcycle-car accident. Tort claims are completely different and separate from accident benefits claims. Even though your husband may receive accident benefits from his insurance company, he may only receive up to the amount he purchased. If his damages exceed the limit purchased or are not covered by accident benefits, he may be able to recover those losses from the at-fault driver in a lawsuit or tort claim.
The claims and legal process after a motorcycle car accident is very stressful. Feel free to contact our office to talk to one of our personal injury lawyers. We always offer FREE consultations. 866-384-5886