If you have automobile insurance or are listed as a driver under someone else's automobile insurance policy, your own insurance company will answer for your Accident Benefits claim.

If you do not have your own auto insurance, you will still be entitled to Statutory Accident Benefits. There are rules for virtually every situation. For example, if you were a pedestrian or a cyclist, your Statutory Accident Benefits will be paid by the company that insures the car that hit you. If you were a passenger, the Benefits will be paid by the company that had insured the car you were riding in.

In situations where there is no insured driver involved in the accident, there is a special fund available to provide benefits.

Some of the compensation you can claim as Statutory Accident Benefits include:

  • Income Replacement Benefits This benefit compensates for lost income if you are unable to perform the essential tasks of the job you did before the accident. The benefit is 70% of your gross income before the accident. The maximum benefit is $400 per week. However, if you are covered by optional weekly income replacement benefits, the maximum benefit may be $600, $800, or $1,000 per week.
  • Non-Earner Benefit This benefit compensates you if you are completely unable to carry on a normal life, and do not qualify for an Income Replacement Benefit or Caregiver Benefit. The benefit is $185 per week, but may be $320 per week if you were a student or recent graduate. The benefit begins twenty-six weeks after you become completely unable to carry on a normal life.
  • Medical Benefits This benefit pays for medical expenses incurred as a result of your injuries. These are expenses that are not covered by any other medical plan, such as the Ontario Health Plan, or any medical plan at the workplace.
  • Rehabilitation Benefits This benefit pays for some rehabilitation expenses incurred as a result of your injuries. These are expenses that are not covered by any other plan.
  • Attendant Care Benefit This benefit compensates for the expense of an aide, or attendant, or services provided by a long-term care facility.
  • Maximum Medical, Rehabilitation and Attendant Care Benefits The maximum amount paid for medical and rehabilitation expenses combined is $50,000, within a 10 year limit, and $36,000 for attendant care benefits within a two year time limit. If your impairment is catastrophic, the maximum amount is $1,000,000 for medical and rehabilitation expenses, and $1,000,000 for attendant care expenses, with no time limits. If you are covered by optional medical, rehabilitation and attendant care benefits, an additional $1,000,000 above the basic benefits is available.
  • Payment of other Expenses This benefit pays for some other expenses such as the expenses of family members in visiting you during treatment and recovery. It also may pay some housekeeping and home maintenance according to your policy; the repair or replacement of items lost or damaged in the accident such as clothing, prescription eye wear, dentures, hearing aids, prostheses, medical or dental devices; and lost educational expenses. This benefit also covers the reasonable cost of examination obtained for the purpose of the Statutory Accident Benefits.
  • Death Benefits This benefit pays family members of a person killed in an automobile accident. $25,000 is paid to a surviving spouse, $10,000 to each surviving dependant, and a total of $10,000 to a person in respect of whom the deceased was a dependant. The amounts are doubled if you are covered by optional benefits.
  • Funeral Expenses The benefit pays up to $6,000 to cover funeral expenses. The maximum amount is $8,000 if you are covered by optional benefits.

Accessing the benefits you are entitled to can be very complicated. You and your family would be well served by asking a personal injury lawyer for advice.

Contact us for free consultation