If you were injured in a motor vehicle, cycling or pedestrian accident you can file an Ontario Accident Benefits insurance claim, whether or not you were at fault. If you plan on pursuing the other driver for compensation for pain and suffering or other expenses, you must first file your claim through your own insurance company. Our Ottawa personal injury lawyers can help you with this by gathering all the information, filling out the required forms for you and submitting them within the timelines. Unfortunately, it is quite common for you and your insurance company to disagree about the amount of benefits that should be paid to you and that’s where our personal injury lawyers can assist in making sure you are well taken care of and you receive the maximum support and compensation for your injuries.
We care about getting you the treatment and services you need to recover and to know how to maximize your Ontario Accident Benefits insurance claim.
Ontario Accident Benefits exist to help accident victims with the expensive costs of medical treatment and services. We understand the physical and financial stress of being in a motor vehicle accident and we want to see you be provided with the assistance and support you need.
Ontario Accident Benefits Insurance Claims typically include:
Income Replacement Benefits
As a result of your injuries, if you are unable to work, you may be entitled to income replacement benefits through your accident benefits. Income replacement benefits can pay 70% of your net income, to a maximum of $400.00 per week without optional coverage. Income replacement benefits are often reduced if you receive other income benefits such as short term disability or long term disability. Income replacement benefits begin one week following the accident and your injuries must have caused a “substantial inability” to perform your work duties. After 104 weeks, income replacement benefits can still be paid if you suffer “a complete inability to engage in any employment for which you are reasonably suited by education, training or experience”. These income replacement benefits are reduced after the age of 65. This may sound complicated but rest assured our Ottawa injury lawyers are here to assist you.
At the time of your accident, if you are not employed you may be entitled to a non-earner benefit of $185.00 per week if you have suffered a “complete inability to carry on a normal life”. Accident Benefits can pay non-earner benefits 26 weeks after your accident. If you are under 16 years of age, you are not entitled to receive non-earner benefits. At the time of the accident, if you were in school you may be entitled to $320.00 /week after the 104 weeks following your accident.
Optional Benefits: Caregiver Benefits
At the time of your accident if you lived with a person who required care, you may be entitled to a caregiver benefit of $250.00 / week, plus $50.00 for each additional person requiring care if you were the primary caregiver through your insurance.
Election of Benefits
You may meet the test for income replacement benefits, non-earner benefits and/or caregiver benefits. In which case, you must elect which benefits you want. Our experienced Ottawa personal injury lawyers can help you make the choice that is best for you and maximize your insurance claim.
b. Medical and rehabilitation benefits
Ontario Accident Benefits insurance pays for a wide range of medical and rehabilitation benefits. If your injury is considered to be “non-catastrophic”, you can receive up to $50,000.00 for up to 10 years following your accident. If your injuries are considered to be “catastrophic injury”, your insurance can pay up to $1 million combined with attendant care benefits over the course of your life.
c. Optional Benefits: Attendant Care Benefits
If purchased, optional benefits cover attendant care benefits for personal care services required after your accident to a maximum of $36,000.00, or $3,000.00/ month for up to 2 years, if “non-catastrophic” injury; or if “catastrophic injury”. up to $1,000,000.00, up to $6000 / month combined with medical and rehabilitation benefits over the course of your life.
d. Death benefits
If someone is killed in a car accident, Ontario Accident Benefits cover death benefits payable to a spouse, dependants, persons on whom they were dependant or others up to $25,000.00 and $10,000.00.
e. Other benefits include:
Expenses of family members and people living with the injured person who visit the injured during treatments and recovery can be covered through your benefits . These include meal expenses, mileage, travel expenses and expenses for accommodation. All receipts must be submitted for reimbursement.
Other Accident Benefits can also include housekeeping and home maintenance expenses up to $100.00/ week, payable for up to 2 years, if deemed “non-catastrophic injury ” and $100/ week if deemed “catastrophic injury”.
Accident Benefits can also pay for lost education expenses for students to a maximum of $15,000.00