Death and Funeral Benefits

In 2024, over 344 motor vehicle fatalities occurred in Ontario. Fatal car accidents can be devastating for surviving family members, both emotionally and financially. Under Ontario’s Statutory Accident Benefits Schedule (SABS), Death and Funeral Benefits are provided to help ease some of the financial burden after a loved one passes away in a motor vehicle accident. Statutory Accident Benefits are a form of no-fault accident benefit available to accident victims regardless of who was at fault, and can be claimed by drivers, passengers, pedestrians, cyclists, and other individuals involved in car accidents.

At Preszler Injury Lawyers, our Accident Benefits lawyers help people who have lost a loved one in a motor vehicle accident access the benefits they’re entitled to. If your insurance provider has denied or delayed your coverage, contact us today to speak about your legal options in a free consultation.

What Are Death Benefits, and Who Qualifies in Ontario?

Death Benefits are a lump-sum payment provided under the SABS to surviving family members or dependents of a person who passes away in a motor vehicle accident in Ontario.

To qualify for Death Benefits:

• The deceased must have passed away within 180 days of the motor vehicle accident, or
• Within 156 weeks (3 years), if the person remained continuously disabled from accident-related injuries until they passed away.

Under basic, mandatory, no-fault policies in Ontario, standard Death Benefit amounts include:

• $25,000 for spouses
• $10,000 for each dependent
• If no spouse exists, an additional $25,000 is split between each dependent
• $10,000 for former spouses, if there was a legal obligation for spousal support before death.
• If the deceased was a dependent, $10,000 is payable to the person they depended on for care.

It is possible to increase the amount of Death Benefits payable to family members through optional policy add-ons. For example, you may purchase additional coverage that provides up to $50,000 to spouses and up to $20,000 for each dependent.

Under the SABS, dependents and spouses are defined as:

• The legal spouse or common-law partner (cohabiting in a conjugal relationship for 3+ years, or 1 year with a child together) of the deceased
• Minor children or adult dependents (e.g., in school, with disabilities)
• Persons owed support under a court order or domestic contract by the deceased

What Are Funeral Benefits in Ontario and How Much Do They Pay?

Certain individuals may also be eligible to claim Funeral Benefits as a part of the SABS Death and Funeral Benefit. These are designed to reimburse funeral-related costs for the deceased accident victim. Standard coverage is up to $6,000 for funeral and burial expenses. You may elect for optional increased coverage, which can provide up to $8,000 for funeral costs.

Expenses that may be covered by Funeral Benefits include:

• Funeral service fees
• Burial or cremation costs
• Headstone or memorial markers
• Transportation of remains
• Other documented funeral-related costs, for which receipts will be required

Unlike the Death Benefit, Funeral Benefits are not a lump-sum payment. All of the expenses related to the funeral must be submitted to your insurance company, which will then reimburse you for costs.

How to Claim Death and Funeral Benefits in Ontario

To receive Death and Funeral Benefits in Ontario, there are several steps you must complete:

• Step 1: Notify your insurer of the accident as soon as possible. Notice of the accident and notice of the deceased’s passing may occur at different times.
• Step 2: Submit all forms required by FSRA, including but not limited to;
  • OCF-1: Application for Accident Benefits
  • OCF-4: Death and Funeral Benefits Application
  • An official copy of the deceased’s death certificate
• Step 3: Provide additional documentation required for your application. For example, your insurer may request a Statutory Declaration to confirm your relationship to the deceased or supporting financial or dependency records.

It’s important that you submit your application paperwork within the deadlines stipulated by the SABS. Generally, you must notify your insurer of your intent to file a claim within 7 days of the motor vehicle accident, and you must complete your application forms within 30 days of receiving them from your provider.

If the person who passed away had no auto insurance policy at the time of the accident, you may still seek Death and Funeral Benefits from:

• The insurer of the other vehicle involved
• The insurer of the deceased’s spouse or guardian
• The Motor Vehicle Accident Claims Fund 

Contact Preszler Injury Lawyers For Help Claiming Death and Funeral Benefits Today

Although Death and Funeral Benefits provide the crucial support families need to recover after the passing of a loved one, it can sometimes be challenging to receive them. Insurers might dispute who truly qualifies as a spouse or dependent, delay processing times, or confuse optional benefits with standard benefits. At Preszler Injury Lawyers, our compassionate legal team is dedicated to ensuring that no family member has to go through the claim process alone.

When you work with our Accident Benefits lawyers in Ontario, we will;

• Ensure your applications are submitted on time and with complete documentation.
• Establish the legal entitlement for spouses, dependents, or former spouses.
• Educate the insurance company to improve outcomes.
• Challenge insurer denials through the Licence Appeal Tribunal (LAT)
• Help you access optional increased benefits, where available
• And more

The application process can be complex, but legal guidance ensures families receive the compensation they need to get through a hard time. If your loved one has passed away in a motor vehicle accident, our team at Preszler Injury Lawyers can help your family access Death and Funeral Benefits and pursue additional claims if necessary. Contact us today for a free consultation.