In the event you are injured in a car accident in Ontario, you may pursue a settlement via an auto insurance carrier. The Statutory Accident Benefits Schedule outlines the types of benefits available and the value for each category.
To recover a settlement, which is optional for an insurance company, you must meet the insurer’s qualifications and submit your application in a timely manner. This means you must notify your insurance company within seven days of the accident. You must then submit your application within 30 days of receipt.
Benefits You May Expect in an Accident Benefits Settlement
Medical and Rehabilitation Benefits – Your insurer will pay for the medical and rehabilitation treatments it believes are “reasonable and necessary” to your recovery. It will cover only what is not covered by The Ontario Health Insurance Plan or another health plan. The level of payment depends on the severity of your injuries. A minor injury qualifies for up to $3,500 in benefits. A more serious injury that is not catastrophic may qualify for up to $50,000 in benefits. A catastrophic injury – such as severe traumatic brain injury or paralysis – may qualify for as much as $1 million in benefits. As such, the correct categorization of an injury is crucial in securing an adequate settlement.
Income Replacement Benefits – These benefits are available to those who were employed at the time of the accident and whose injuries make it impossible to work while recovering. In other cases, they may be available to those who had worked 26 out of the last 52 weeks preceding the accident but were not working at the time of the accident. Benefits are paid every two weeks and account for 70 percent of your missed gross income up to the prescribed maximum. This will be based on your pre-injury income history but cannot exceed $400 per week, unless you purchased additional benefits. Income Replacement Benefits are available for up to 104 weeks after injury provided that you cannot perform your own job. Thereafter, Income Replacements Benefits will only be paid if you are unable to perform any job.
Non-earner Benefits – You may qualify for $185 in weekly Non-earner Benefits, if you do not qualify for Income Replacement Benefits. These also are available for victims 16 years or older who were full-time students at the time of the accident, or for recent graduates who have not yet taken a job. Benefits are paid only after the first 26 weeks of disability. If the disability persists past 104 weeks, a qualified applicant may increase weekly benefits to $320 for the duration of the disability.
Caregiver Benefits – A qualified victim who is unable to perform his or her caregiver duties due to injury may receive $250 a week for up to 104 weeks. Another $50 is available weekly for each additional person under the accident victim’s care. This type of benefit is not part of a standard automobile policy and is considered an optional benefit which has to be purchased.
Attendant Care Benefits – These benefits are available for victims who require daily assistance in activities like bathing and eating. A non-minor injury may net up to $3,000 per month for a total of $36,000. The benefit is available for 104 weeks in such cases. There is no time limit for victims with catastrophic injuries. Such an injury qualifies for as much as $6,000 per month and a total of $1 million.
Other benefits may include payment for specific accident-related expenses, such as to pay for visitor expenses and lost educational costs. You may download Accident Benefit forms online. If your injuries were not at fault for an accident, you may qualify to pursue a lawsuit against the negligent driver to recover additional compensation. To learn more, schedule a free consultation with the Preszler Law Firm in Ontario – 1-800-JUSTICE®.