August 2nd, 2010 
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Car (Auto) Accident Benefits
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If you are injured in an automobile accident, you may be entitled to certain benefits from your own car insurance company or from the car insurance company of another vehicle involved in the accident, regardless of who is at fault. Your insurance company will provide you with application forms and will assist you in completing the forms. However, it is quite common for you and your insurance company to disagree about the benefits that should be paid to you. The accident benefits legislation is quite complicated. It is your responsibility to obtain the benefits you need. Although you do not own a car and you are not insured under any auto policy, you can apply for car accident benefits. The accident benefits legislation is designed so that you should always have access to some insurer for accident benefits. For example, if you do not own a vehicle and you are not insured under any policy, you can apply to the insurer of the car you were in at the time of the accident. |
If you were a pedestrian, you can apply to the insurer of the car that hit you. Every driver is obliged to have auto insurance. Therefore, it is very rare that every car involved in an accident will be uninsured. However, even in this situation, you can apply for benefits to the Motor Vehicle Accident Claims Fund. The Ontario government maintains this fund.
Types of Car Accident Benefits
Income Replacement Benefits:
- if you are unable to work because of injuries sustained in a motor vehicle accident, you may be entitled to income replacement benefits. The benefit is 80% of your net income, to a maximum of $400.00 per week unless you have optional cover
- the amount of benefit payable will be generally reduced by other income benefits being received (for example, short term disability or long term disability payments)
- income replacement benefits start one week after a car accident that has caused you a “substantial inability” to perform the essential tasks of your employment
- to receive income replacement benefits beyond 104 weeks, you must prove that you suffer “a complete inability to engage in any employment for which you are reasonably suited by education, training or experience”
- the amount of the income replacement benefit is reduced after age 65
| Download Auto Insurance Claims Forms (OCF Forms) Ontario
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Non-Earner Benefits:
Caregiver Benefits: If, at the time of the accident, you lived with a person who required care, you may be entitled to a caregiver benefit of up to $250.00 per week, plus $50.00 for each additional person requiring care and you were the primary caregiver. Medical and rehabilitation benefits: Assuming you can prove entitlement, the accident benefits insurer is required to pay for a wide range of medical and rehabilitation expenses over and above what is paid by OHIP. If you have not sustained a “catastrophic impairment”, the insurer is obliged to pay up to $100,000 for up to 10 years after the accident. If you have sustained a catastrophic impairment, the insurance company is obliged to pay up to $1 million over your life. Attendant Care benefits: If you need to hire someone to help you as a result of injuries from an accident, this portion of the benefits coverage could help. The standard maximum for attendant care is $72,000 and if you are catastrophically injured, the maximum is $1,000,000. Death and Funeral benefits: If you die as a result of a car accident, the standard amount which will be paid is $25,000 to your eligible spouse, $10,000 for each dependant, and a maximum of $6,000 for funeral expenses. Other Available Car Accident Benefits:
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