Ontario Car Accident & Insurance Law – Statutory Accident Benefits

By Bergeron Clifford, Warren WhiteKnight posted in Car Accidents on January 11, 2016

No one wants to be in a car accident. Unfortunately, many Ontario drivers find themselves in such situations. When accidents occur, most drivers are at a loss and do not know what they need to do. Most do not realize that they can receive statutory accident benefits from their own auto insurance companies. This article will discuss some of the statutory accident benefits drivers are eligible to receive after car accidents in Ontario cities such as Peterborough, Kingston and Ottawa.

Medical and Rehabilitation Care Benefits

Despite what most drivers think, an injured driver’s medical expenses related to an Ontario car accident is covered by his or her own auto insurance company. Pursuant to Ontario’s Insurance Act, a standard auto insurance policy provides accident benefits to injured insured drivers, regardless of who caused the accident. One of these benefits is the medical and rehabilitation care benefit.

The severity of the injuries determines the amount of medical and rehabilitation care benefits drivers may receive.

Income Replacement Benefits

Another benefit injured insured drivers may receive is the income replacement benefit. Drivers who suffer serious or catastrophic injuries often cannot work for a period of time. Through statutory accident benefits, injured drivers who are unable to work may be compensated for their lost income.

It is important to note that injured drivers are only entitled to a portion of their income. Under the Statutory Accident Benefits Schedule, a driver may receive 70% of their gross income. However, there is a cap of $400 per week. Therefore, even if 70% of an injured driver’s gross income is more than $400, they will only receive $400.

In addition, injured drivers who are substantially unable to perform the essential tasks of their job receive income replacement benefits for up to 104 weeks. Thereafter, they may continue to receive income replacement benefits as long as they are disabled and prevented from working at any job that they are qualified for by training, education and experience.

Even though drivers may not receive 100% of their lost wages from income replacement benefits, our experienced car accident injury lawyers can help drivers recover the losses in other ways that are not readily apparent.

Attendant Care Benefits

Attendant care benefits cover expenses for the injured driver’s care after an Ontario accident, such as an aide that comes to the driver’s home or for services provided by a long-term care facility, including nursing homes.

Filing an Accident Benefits Claim After a Car Accident in Ontario

After an Ontario car accident, injured drivers should contact their insurance companies within 7 days of the accident to start the accident benefits claim process. After being notified, the insurance company will send an accident benefits application which must be completed within 30 days of receipt.

Help with Statutory Accident Benefits After an Ontario Motor Vehicle Accident

The accident benefits claims process is very confusing. It is important to consult an experienced car accident lawyer after a car accident in Peterborough, Kingston, Ottawa and other parts of Eastern Ontario. Call the personal injury lawyers at Bergeron Clifford for a FREE consultation. 1-866-384-5886 

Contact Bergeron | Clifford LLP

Let us help you if you have been injured anywhere in Eastern Ontario. Contact us at 866-384-5886 or fill out our online form. We can meet at any of our office locations, including Kingston, Ottawa, Whitby, Carleton Place, Perth or wherever is most convenient for you.

FIND A LOCATION
ccla-abcc
murney-tower
northumberland-county-law-association
the-advocates-society
ontario-trial-lawyers-association