Accident Benefits

April 22, 2015

Who is My Accident Benefits Insurer?

If you are injured in a car accident, no matter who is at fault, you are entitled to accident benefits. To claim Accident Benefits, you should call the first insurer that applies to you, from the list below:

  • the insurer of your motor vehicle;
  • the insurer of the motor vehicle in which you were a passenger;
  • the insurer of the at-fault driver or owner;
  • the insurer of any other motor vehicle involved in the accident; or
  • the Motor Vehicle Accident Claims Fund (call 1-800-268-7188).

With the assistance of one of Thomson Rogers’ personal injury lawyers, you may qualify for the following accident benefits:

Weekly Benefits

  • A benefit for lost income from employment, equal to 70% of your gross income, to a maximum of $400 per week.*
  • If you were not employed at the time of the accident, a non-earner benefit of $185 per week (and in some circumstances $320 per week). This benefit is not available until 6 months have passed since the date of your accident.
  • In certain situations, if you were the primary caregiver for a person in need of care, a caregiver benefit of up to $250 per week, plus $50 for each additional person requiring care, may be available based on “incurred”** expenses.

* See “Optional Benefits” in glossary of terms

** See “Incurred” Expense in glossary of terms

Medical, Rehabilitation and Attendant Care Benefits

  • The accident benefits insurer is required to pay for a wide range of “incurred” medical, rehabilitation and attendant care expenses over and above what is paid by OHIP:
    • If you suffer a Non-Catastrophic Injury – up to $65,000 is available over a 5 year time period*; or,
    • If you suffer a Catastrophic Injury–up to $1,000,000 is available over your lifetime.*
    • All fees and expenses for conducting assessments, examinations, and preparing reports are paid out of your medical and rehabilitation limits.
    • If you suffer a Minor Injury, only $3,500 is available, except in certain circumstances.

Death and Funeral Benefits

  • $25,000 to the victim’s spouse.
  • $10,000 to each formerly supported spouse.
  • $10,000 to each of the victim’s dependants or more if the victim had no spouse.
  • $10,000 to the person upon whom the victim was dependant.
  • Up to $6,000 for funeral expenses.

Other Available Benefits Include Reimbursement for:

  • The expenses of immediate family members and/or those living with the injured person who visits during treatment or recovery. These expenses can include the cost of meals, mileage, travel, and hotel. Please remember to keep your receipts.
  • In cases involving catastrophic impairment, or where additional optional benefits have been purchased, Housekeeping and Home Maintenance Expenses, of up to $100/week may be available, based on “incurred” expenses.
  • Damage to clothing.
  • Lost education expenses for students, to a maximum of $15,000.
  • Please note – some of these benefits may be increased if your insurance policy includes additional optional coverage.

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