A Guide to Statutory Accident Benefits after a Car Crash in Ontario

As an insured driver or person involved a motor vehicle accident in Ontario, you are entitled to certain benefits in the event of an accident. The provincial Insurance Act outlines these Statutory Accident Benefits. They are available regardless of who caused the accident and related injuries.

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Below is an overview of the standard Statutory Accident Benefits available:

Medical and Rehabilitation Benefit – This benefit often is the most critical to those who have suffered serious or permanent injury. It will address necessary and required medical care in addition to the cost of rehabilitative therapy. The benefit applies only for healthcare costs not covered by a government or private healthcare plan.

Some of the items that the benefit may cover include:

assistive devices (such as hearing aids, walkers, prostheses and wheelchairs);
prescription and over-the-counter medications;
ambulatory care;
chiropractic care;
physical or occupational therapy;
vocational assessment;
life skills training;
family or career counseling;
dentures;
prescription eyewear; and
other medical expenses.

A minor injury (bruising, sprains and strains) may mean as much as $3,500 in medical and rehabilitation benefits. A more serious injury can mean as much as $50,000 in benefits. A catastrophic injury (brain damage, amputation, spinal cord trauma) may mean as much as $1 million. Costs associated with examinations also may be covered under this benefit.

Income Replacement Benefit – This benefit provides partial compensation for lost wages as a direct result of accident injuries. This benefit also is available to those who are self employed. There are time and income limits placed on the receipt of these benefits. Payments of 70 percent of your gross income occur every two weeks for the duration of your eligibility.

Non-Earner Benefit – Those not employed at the time of the car accident and injury may be eligible for non-earner benefits in the case of a disabling injury. The benefit compensates for an inability to perform all activities of normal life. The first 26 weeks of injury are not covered under the benefit.

Attendant Care Benefit – This benefit covers the cost of hiring a professional to assist in various acts of self-care, such as bathing and feeding. It is available for those whose injuries prevent them from performing such activities and need to hire outside help. This benefit does not apply if you have sustained a minor injury.

Other Expenses Benefit – This covers accident-related damages, such as paying for the travel expenses of immediate family members to visit during your care and damaged personal items.

Death and Funeral Payments Benefit – Available to those who have lost a family member or loved one in an auto accident in Ontario.

Drivers may purchase additional benefits when securing automotive insurance. Additional benefits include care giving and housekeeping.

Are you concerned that your Statutory Accident Benefits won’t cover your accident expenses? Schedule a free case evaluation with a car accident lawyer at Preszler Law to find out your options– call 1-800-JUSTICE®.

Call or text (416) 364-2000 or complete a Free Case Evaluation form