Am I Eligible to Receive Statutory Accident Benefits?
Statutory accident benefits are available under every standard Ontario automobile policy to persons who are injured in a motor vehicle accident. They are “no-fault” benefits. This means that even if you were responsible for the accident, you may still be eligible to receive coverage. The benefits described below are available to everyone whose injuries arise as a direct result of the operation of a motor vehicle, even if you are not insured under any automobile insurance policies.
What Expenses Are Covered by Statutory Accident Benefits?
Depending on your circumstances these benefits may include coverage for the cost of medical and rehabilitation expenses, such as medication, assistive devices, home and vehicle modifications, counseling services and even job retraining. You may also request reimbursement for other incurred expenses, such as hospital parking fees and the cost to replace damaged clothing or eyeglasses. If you are unable to continue working, your insurer may pay an income replacement benefit which partially replaces your lost wages. Other benefits include attendant care benefits, housekeeping and home maintenance benefits, non-earner benefits, and caregiver benefits.
The Application Process
You must inform your insurer that you intend to apply for statutory accident benefits within seven days of the accident or as soon as possible after that time. Your insurer will then mail you an application package which you must complete and return within 30 days.
How Can a Lawyer Help Me?
A lawyer can guide you through the application process and assist you with any disputes that may arise between you and your insurer. For example, an insurer will only reimburse you for expenses that it finds are “reasonable and necessary.” A lawyer can help you to claim the requested expenses if they are denied by an insurer.
Contact the personal injury team at Nesbitt Coulter to learn more about accident benefit coverage and how we can help.