Statutory Accident Benefits Claims

If you are involved in a car accident in Ontario, anyone who has been injured as a result of the accident is entitled to Accident Benefits (AB). This is important when considering cyclists, pedestrians, children, and passengers in cars.

The policy has various entitlements based on how badly you are hurt. In a case where you or a loved one has suffered catastrophic injuries such as quadriplegia, paraplegia, brain injury, amputations, severe orthopaedic injuries, etc., the benefits can play a significant role in your recovery.

During your initial consultation with a Thomson Rogers personal injury lawyer, they will help you fill out the accident benefits application, at no charge.

The following is a summary of some of the steps that must be taken to process a claim:

• Determine which insurance company should pay the benefits.
• You must provide “written notice” to the AB insurer within 7 days of the accident.
• Complete an application for accident benefits within 30 days of receiving the forms from your insurance company.
• Your treating health care professional and your employer must complete certain forms.
• If requested, you must, within 10 business days of the request, provide your insurance company with the information they need to determine your entitlement to accident benefits, such as hospital records and family doctor records.
• If requested, you must, within 15 business days, provide a health practitioner’s disability certificate.
• If requested, you must provide a statutory declaration–a sworn statement describing the circumstances that gave rise to your claim.
• If requested, you may be required to attend an examination under oath, where you will be questioned by the insurance company. If required to do so, we urge you to have a lawyer present to represent you.

Related Resources for Accident Benefits:

Major Accident Benefits Changes Come into Effect on June 1st, 2016