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What Are Interim Statutory Accident Benefits?

If you were injured in a motor vehicle collision, before your insurance company makes final determinations about the amount of accident benefits to which you may be entitled, you could qualify for interim statutory accident benefits. Depending on a number of factors and circumstances, certain injured car accident survivors may be entitled to this additional level of insurance coverage.

Are you entitled to interim benefits?

Judges take several other factors into consideration when determining whether or not to grant interim benefits, such as:

  • The insured’s level of need;
  • The urgency of the case;
  • Financial hardships; and
  • Neglect or inappropriateness on the part of the insurer.

Types of Interim Benefits

Because the statutes don’t specify details, it’s presumable that any type of pertinent statutory accident benefit might pertain to interim benefit requests. For instance, in Ms. T.N. v. Personal Insurance Company of Canada (PICC), Arbitrator Suesan Alves granted Ms. T.N’s motion for interim benefits, ordering that the PICC pay her $3,371.20 per month in attendant care benefits until the final decision.

In another case, Bui v. State Farm, Bui filed a motion for interim benefits because he felt he was due benefits that were held from him unreasonably. He claimed he was entitled to interim benefits as a result of his deteriorating finances and his family’s need for support. Arbitrator John Wilson ordered State Farm to pay Mr. Bui $185 per week.

As a final example of successful interim benefits motions, in Hotchkiss v. Kingsway General Insurance, Arbitrator Wilson ordered the insurance company to pay Mr. Hotchkiss $185 per week and an attendant care benefit of $5,910.80 per month plus legal fees, primarily because of insurer misconduct.

CONTACT PRESZLER INJURY LAWYERS

When you’ve been injured and are unable – whether temporarily or permanently – to return to work and support your family, it’s crucial to investigate all possible forms of compensation before your financial situation spirals out of control. You might be entitled to workers’ compensation, disability benefits, insurance benefits, and settlements from claims against negligent third parties.

If you have recently suffered an injury and are struggling to make ends meet while awaiting a decision, obtaining interim benefits might be an option. We invite you to call our firm in Ontario to schedule a case evaluation. We may be able to look over your situation, determine you options, and advise you on the best and most expeditious way to proceed.

Contact the Preszler Injury Lawyers today at 1-800-JUSTICE® to schedule a free consultation.

 

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