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Understanding Your Rights to Accident Benefits in Ontario

Understanding Your Rights to Accident Benefits in Ontario

Have you been hurt or seriously injured in a car accident? You may be eligible for accident benefits. Accident benefits are designed to provide compensation for you or others who are hurt or killed in an auto accident. To learn more about your rights to accident benefits in Ontario, read on.

Who is Covered?

Ontario has a no-fault insurance system. That means if you’re injured, regardless of who caused the accident, you may be eligible for benefits as outlined in your automobile insurance policy. Accident benefits also include coverage for both passengers and pedestrians involved in the incident.

What is Covered?

In Ontario, accident benefits are mandatory, and all auto insurance policies will include this under their coverages. However, there are standard and optional benefits, so it’s important to be aware of the difference between the two.

Standard Accident Benefits

Mandatory coverage will include:

  • Income replacement benefits of 70% of your gross income capped at $400 per week if you’re unable to work
  • Caregiver benefits to help hire someone if you cannot provide care to a dependent
  • Non-earner benefits of up to $185 per week
  • Non-catastrophic injury coverage of up to $65,000
  • Catastrophic injury coverage of up to $1 million
  • Medical and rehabilitation benefits to cover the cost of health care services not covered by OHIP or through your group insurance plan
  • Attendant care benefit to provide care assistance
  • Death and funeral benefit that includes a maximum of $6,000 for the funeral, $25,000 for your spouse, and $10,000 for each dependent
  • Cost of examinations related to your treatment program
  • Lost education expenses to cover educated related expenses up to $15,000
  • Expenses of visitors to cover costs incurred by family and friends to visit you during your recovery
  • Housekeeping and home maintenance expenses required to maintain your home while you recover
  • Compensation for damages to your clothing, medical devices, and glasses in the accident

Optional Accident Benefits

You can also add optional accident benefits to your insurance policy to increase your coverages. For example, you have the option to increase coverage for income replacement benefits of up to $1000 per week. To find out all the optional accident benefits available, it’s important to talk to your insurance provider.

How Settlement Works

You will need to fill out an application for accident benefits (OCF-1 form) and submit this as part of your accident benefits claim to your insurance company. You must also wait one year to settle your claim in Ontario. Your insurance company will offer a fixed amount to settle and close your claim – upon agreement, these amounts are set, and you cannot request additional compensation. But if you wish to sue the at-fault driver, it’s important to discuss your situation with an accident and injury lawyer first to understand all your options. Settling with your insurance company may impact your lawsuit.

To learn more and ensure you’re making the right decision, contact our accident and injury law team at Zuber Brioux today.