Ontario auto insurance and car accident laws are very complex. Many injured drivers/passengers in car accidents in Kingston, Ottawa or Whitby are often confused as to who pays for their medical expenses after car accidents.
In Ontario, the driver’s own auto insurance company pays for the costs of medical and rehabilitation services regardless of who is at fault. Therefore, if an innocent driver driving through downtown Kingston is sideswiped by a truck, the innocent driver’s car insurance pays for his medical and rehabilitation costs as a result of the car accident. This is one type of accident benefits included in a standard auto policy in Ontario.
For other types of accident benefits provided in an Ontario auto policy, see:
- Ontario Car Accident Law – Lost Pay or Wage Loss Benefits
- Ontario Car Accident Law – What Are Non-Earner Benefits?
However, if the injured driver has any extended health insurance, the medical claim must be submitted to that insurance company first. Thereafter, any medical and rehabilitation costs not paid or not covered by the extended health insurance will be paid by the driver’s auto insurance. This also applies for short term and long term disability benefit policies. Many Ontarians have extended health insurance plans through their work or their spouses’ insurance plans.
This is something many Ontarians do not know. When I meet clients after their car, truck or car-pedestrian accidents in Kingston or Ottawa, I always explain this point, and clients are often confused. In fact, many are frustrated.
First, injured auto accident victims do not know why they have to use their extended medical benefits. Isn’t that why they bought their auto policies so that they are protected?
Second, a concern many clients have is that they are afraid they will exhaust the medical benefits provided by their extended medical coverage through their employers or spouses. What happens if they have an accident 3 months from now, like a slip and fall accident, and need to use those benefits, which are now used up as a result of the car accident?
I don’t blame my clients for feeling frustrated because it is frustrating, and they have legitimate concerns. Unfortunately, that is the law in Ontario, and injured drivers have no choice but to follow the law.
However, drivers and passengers have legal rights after sustaining injuries in auto accidents, and working with an experienced car accident injury lawyer can help them obtain the financial compensation they are entitled to.
In addition to filing an accident benefits claim with their insurance companies, injured drivers/passengers may also file a lawsuit against the at fault driver to recover damages/injuries not covered by an accident benefits claim.
Help After an Auto Accident in Kingston, Ottawa or Whitby
The lawyers at Bergeron Clifford are seasoned personal injury lawyers who know Ontario car accident and auto laws. Edward Bergeron, Chris Clifford and their team will help injured drivers and passengers obtain maximum financial recovery from their car insurance companies and file a lawsuit for damages/injuries not covered by accident benefits. Call 1-866-384-5886 to schedule a FREE consultation.