FAQ: I have not been able to work since I was injured in a car accident in Kingston. Is it true that I can get my lost pay from my auto insurance company? If so, how long can I receive it?
Answer: Yes, it is true that you may receive your lost pay from your auto insurance company. This is also known as “income replacement benefits.” Your auto insurance policy provides this through Statutory Accident Benefits coverage when you are injured in a car accident. There are different types of accident benefits you are entitled to as an insured driver; however, you must apply for them after a car accident takes place.
Some of the accident benefits available to you are medical and rehabilitation benefits and income replacement benefits.
In terms of income replacement benefits, Ontario’s Statutory Accident Benefits Schedule (SABS) provides guidelines on how much money an injured driver may receive.
The law says injured drivers with a standard auto policy are entitled to receive 70% of their gross income, with a maximum of $400 per week. Drivers have the option to increase this maximum by purchasing additional coverage. Injured drivers can receive income replacement benefits for up to 104 weeks if they are substantially unable to perform the essential duties of their jobs.
You may be thinking, what happens after 104 weeks? You can still claim income replacement benefits so long as you are unable to engage in any type of work which you otherwise would be able to perform based on your education, training or experience.
Even though you may receive income replacement benefits, you are not receiving 100% of your lost pay. In addition, it is capped at a maximum. However, if you have a disability policy, you may receive more than the maximum amount per week. The calculation is complicated and you need a lawyer who is well versed in SABS to help you determine the amount.
In order to recover the difference in your lost pay, you may file a car accident lawsuit or tort claim against the other driver. In addition to recovering lost pay, you may also recover the following damages:
- medical expenses (if not covered by accident benefits),
- pain and suffering, and
- other out of pocket expenses.
We understand that not being able to work for a significant period of time puts financial strain on injured drivers and their families. Navigating through accident benefits claim forms and deciding whether to file a lawsuit can be confusing and overwhelming. Let the lawyers at Bergeron Clifford help you through the process. Call today to schedule a FREE consultation. 1-866-384-5886