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Injured in a Pedestrian Accident? Four Things You Should Know

Pedestrian accident victims typically face a long – and costly – road to recovery. Fortunately, there are options available for economic and legal relief.

Below are four things you must know if you or an immediate family member has been injured in a pedestrian accident in Ontario.

1. You Needn’t Have Been in a Car to Qualify for Accident Benefits

Ontario’s Statutory Accident Benefits are available to you after a motor vehicle accident – even if you weren’t driving or riding in a car at the time of the incident. These benefits are available to you, regardless of fault. This means you may recover money to pay for lost wages and doctor bills, even if you were partially to blame for the accident. If you were struck as a pedestrian, a claim for accident benefits can be made through the insurance company of the at-fault party’s insurance company, even if you don’t have your own insurance.

2. You May be Entitled to Benefits Beyond Lost Wages and Medical Care

The Income Replacement Benefit and the Medical and Rehabilitation Benefit are among the most commonly sought category of Accident Benefits. Other available benefits include:

  • Attendant Care Benefit – This benefit offsets the cost of hiring a nurse or other professional to provide in-home assistance with personal care activities. It also may be used to pay for residence in a long-term care facility.
  • Non-Earner Benefit – Provides a regular payment for those who were not employed at the time of the accident and whose injuries make it impossible to perform all activities of normal life (such as chores and so on).
  • Caregiver Benefit (Optional Benefit)– Provides a payment to those who are unable to fulfill the role of caregiver to a live-in dependent.
  • Other Expenses Benefit – This compensates you for all “reasonable” expenses related to your injury, such as transportation costs. You must be able to provide receipts and other records of your expenses.
  • Death and Funeral Payments Benefit – You may qualify for a lump-sum payment if you lost a close family member in a pedestrian accident. Funeral expenses may also be payable up to a certain amount.

The type of benefits available to you depends on the terms of your insurance policy and the categorization of your injury. For instance, you may not receive the Attendant Care Benefit if your injury is classified as “minor.” Further, those injuries classified as catastrophic typically provide more compensation and have fewer time restrictions.

3. You Have a Limited Time in Which to Take Action

You must adhere to a number of deadlines in order to safeguard your claim or potential lawsuit. The time limits are as follows:

  • 7 days after the accident – notify your insurance company of the accident;
  • 30 days after receiving an Application – submit a completed Application for Benefits; and
  • 120 days after the accident – notify the negligent party of your intention to file a tort claim (lawsuit).

Failure to meet these time restrictions may jeopardize your right to recovery.

4. A Lawyer May Be Able to Help You Recover Benefits

Accident victims who understand the claims process may be less likely to accept an insufficient or unfair benefits package. To ask specific questions about your case, schedule a free case evaluation with a lawyer at the Preszler Injury Lawyers in Ontario. Call 1-800-JUSTICE® or use our online case evaluation form.

Call us now at

151 Eglinton Ave W,
Toronto, ON
M4R 1A6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
4145 N Service Rd
Burlington, ON
L7L 4X6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
2 County Ct Blvd #400,
Brampton, ON
L6W 3W8
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
105 Consumers Drive
Whitby, ON
L1N 1C4
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
92 Caplan Ave #121,
Barrie, ON
L4N 0Z7
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
380 Wellington St Tower B, 6th Floor,
London, ON
N6A 5B5
Toll Free: 1-888-608-2111
2233 Argentia Rd Suite 302,
East Tower Mississauga, ON
L5N 6A6
Toll Free: 1-888-608-2111
1 Hunter St E,
Hamilton, ON
L8N 3W1
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
459 George St N,
Peterborough, ON
K9H 3R9
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
22 Frederick Street,
Suite 700
Kitchener, ON N2H 6M6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
116 Lisgar Street, Suite 300
Ottawa ON
K2P 0C2
Toll Free: 1-888-608-2111
10 Milner Business Ct #300,
Scarborough, ON
M1B 3C6
Toll Free: 1-888-608-2111
*consultation offices

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