Accident benefits are available to any person involved in a motor vehicle accident
It’s normal to feel overwhelmed by your many new responsibilities and realities after your accident. Don’t worry, you’re not alone.
It’s likely that you aren’t aware of all the benefits and rights connected to your case. TPI Lawyers work closely with you to ensure that all the eligible benefits and rights are found for your case.
We’re here to help you get your life back on track as soon as possible. We understand your concerns, and dedicate our time to set your mind to ease.
What's covered under Accident Benefits?
As a victim of an accident, you should expect to be compensated for:
- Attendant Care
- Death and funeral expenses
- Loss of income
- Medical care
- Other expenses related to your disability
Please note that Ontarians have the option to purchase additional Accident Benefits coverage.
Whose policy applies if you are a passenger?
Whether you were injured in your vehicle or someone else's, Ontarians with automobile insurance claim benefits from their own insurer. If you don't have insurance, you should consult your legal representative.
Medical, rehabilitation, and attendant care benefits
As a victim of a motor vehicle accident, your benefits vary based on the type of injury you sustained.
If you suffer from a non-catastrophic injury, the rules have changed. Previously, you could access $50,000 for expenses related to medical and rehabilitation bills, as well as an additional $36,000 for attendant care. Now, under a standard auto insurance policy, your benefits are reduced to a combined maximum total of $65,000.
The timeframe has changed as well - now, your benefits only apply for a period of five years (previously this was ten years) for medical and rehabilitation, and two years for the attendant care benefits.
Minor injury guideline (MIG)
Minor injury guideline (MIG) are part of Ontarians’ no-fault auto insurance (the Statutory Accident Benefits Schedule). MIGs include: sprain, strain, whiplash, contusion, laceration, or subluxation. If these are the only types of injuries you sustain in your accident, your insurance company may limit your benefits for treatment to $3,500.00
Similarly, victims of catastrophic injuries have lower benefits, too. What was once $1,000,000 for medical and rehabilitation expenses, and $1,000,000 for attendant care, has been halved into a combined maximum of $1,000,000 over your lifetime. Types of catastrophic injuries include brain damage, loss of limbs, or paralysis.
Please note: You can purchase this level of coverage through your insurance provider at an additional premium for non-catastrophic claims.
Income replacement benefit
Income replacement benefits begin 7 days after an accident if you are unfit to return to work. After the first 104 weeks of your disability, your insurer is no longer required to pay an income replacement benefit. Unless—as a result of your accident—you are completely unable to work or be self-employed.
The standard insurance policy, which does not include additional benefits, caps the weekly benefits at $400.00. If you were self-employed before your accident, you will need more documents for your insurer to qualify for this benefit.
If you meet the test for entitlement you are entitled to a weekly benefit of a $185 / week from four weeks after the accident up to a maximum of 104 weeks
Death and funeral benefits
If you incurred funeral expenses as a result of the accident, you are entitled to upwards of $6,000.00. In some insurance policies, you may purchase an optional death and funeral benefit, which has its own fixed amount.
Within 180 days of your accident, the death benefit is issued. A death benefit could pay the deceased’s spouse $25,000.00 (adjusted to reflect the option benefit purchased) and each of their dependants $10,000.00 (also adjusted depending on the additional benefit purchased).