After an Ontario car, truck or bus accident in Kingston, Ottawa or Whitby, injured drivers and passengers are often confused by the laws pertaining to auto accidents in Ontario. Injured drivers and passengers need medical treatment after car, truck or bus accidents, and they often believe that the drivers who caused the accidents will pay for their medical expenses. This is a common, but mistaken belief.
In Ontario, motor vehicle insurance policies operate under a “no-fault” car insurance system. This means that regardless of who is at fault for causing the car accident, those injured in Kingston, Ottawa or Whitby auto accidents will file an accident benefits claim with his/her own car insurance provider. The benefits that injured drivers and passengers receive from their car insurance companies are governed by the Statutory Accident Benefits Schedule (SABS) under the Ontario Insurance Act.
Medical and Rehabilitation Care Benefits
Medical and rehabilitation care benefits coverage is one of the benefits injured drivers/passengers may be eligible to receive after an Ontario car, truck or bus accident. Medical and rehabilitation care benefits pay for reasonable and necessary medical expenses that are not covered by Ontario Health Insurance Plan (OHIP).
For example, if a driver was rear-ended by a truck in Kingston and sustained several displaced fractures requiring extensive medical treatment, he/she would file an accident benefits claim with his/her own car insurance company, rather than the negligent truck driver’s insurance company.
Car accident victims with non-catastrophic injuries can receive up to $50,000 of medical and rehabilitation care benefits coverage, including assessment and examination expenses. Those injured with catastrophic injuries may receive up to $1,000,000, inclusive of assessment and examination expenses.
When to File an Accident Benefits Claim to Pay for Medical Bills After a Car Accident in Ontario
After an accident in Kingston, Ottawa or Whitby, injured drivers and passengers should notify their car insurance companies within 7 days of the accident. Thereafter, the insurance company will send an accident benefits application, which must be completed within 30 days of receipt.
If the application form is not completed within 30 days, there must be a reasonable explanation of why it was not completed.
Other than medical and rehabilitation benefits, injured individuals may also be entitled to receive other benefits pursuant to SABS. Click here to read part 2 of the article which discusses other benefits available to drivers and passengers injured in car accidents in Ontario.
After a Car, Bus or Truck Accident in Kingston, Ottawa and Whitby, Ontario
Motor vehicle accident victims are often overwhelmed after an accident and do not know what to do. It also doesn’t help that Ontario car accident and insurance law is quite confusing.
If you were in an auto accident in Ontario and need guidance on what your next steps should be, talk to the personal injury car accident lawyers at Bergeron Clifford, who have 40 years of experience representing injured clients and their loved ones. If you would like to discuss any aspect of your accident and injury, please do not hesitate to call us at 1-866-384-5886
