1- Who can claim Accident Benefits?
Every person injured in a motor vehicle accident in Ontario is entitled to claim Accident Benefits, or ‘no-fault’ benefits, from their insurance company. If a person is not insured, they are entitled to claim these benefits from the insurer of the other individual involved in the Motor Vehicle Accident. If there is no available insurance, an injured person may make a claim for accident benefits to the government’s Motor Vehicle Accident Claims Fund.
2- What benefits are available to someone who has been in a car accident?
Medical and Rehabilitation Benefits – This benefit is for insured persons who require treatment as a result of a motor vehicle accident, for example, physiotherapy, chiropractic services, assistive devices, prescription medication etc.
Income Replacement Benefit – This benefit is for insured persons who were employed for at least 26 out of the last 52 weeks prior to the motor vehicle accident and who, as a result of the accident, suffer a substantial inability to perform the essential tasks of their employment. Income Replacement Benefit are 80% of net weekly income up to maximum of $400.00 per week.
Non-Earner Benefit – This benefit is for insured persons who were not employed at the time of the motor vehicle accident and who suffer a complete inability to carry on a normal life as a result of the motor vehicle accident. Non-Earner Benefit is $185.00 per week to a maximum period of 104 weeks.
Caregiver Benefit – This benefit is for insured persons who are the primary caregiver of a child or children under 16 years of age and who, as a result of the motor vehicle accident, suffer a substantial inability to engage in the caregiving activities in which they were engaged in at the time of the accident. Caregiver Benefit is $250.00 per week for 1st child and $50.00 per week for each subsequent child to a maximum period of 104 weeks.
Housekeeping and Home Maintenance Benefit – This benefit is for insured persons who incur expenses as a result of an accident for housekeeping and home maintenance services and are payable if the insured person suffers a substantial inability to perform the housekeeping and home maintenance services that they normally performed before the accident. Housekeeping and Home Maintenance Benefit is $100.00 per week to a maximum period of 104 weeks.
Attendant Care Benefits – This benefit is for insured persons who incur expenses as a result of an accident for services provided by an aide or attendant.
3-Should a person who has been in an accident still contact us if they were the ones at fault in the accident?
Yes! Because Ontario’s legal system considered to be a no-fault process, all persons who are injured in a motor vehicle accident are eligible to receive accident benefits, whether they are at fault or not.
4- What details should a person get at the scene of an accident?
After an accident, it is important for you to obtain complete information on the other party or parties involved. This includes:
a. License Plate Numbers
b. Make / Model / Colour of the Vehicles
c. Names, Addresses, and Phone Numbers of all Parties
d. Drivers License Numbers of all Parties
e. Location of the Accident (e.g. Major Intersections)
f. Police Information (Police Report)
If the police have attended the scene, it is reasonable to assume that they will secure much of the above information. It is important that you get the officer’s name, badge number and report number so that we can get the police report.
5- Can I sue the person who hit me?
If you have been hurt in a motor vehicle accident and you are not at fault in the accident, you may also be eligible to sue the person or persons responsible for the accident. This process would be supplementary to the accident benefits which you are eligible to receive whether or not you are at fault in the accident.
6- How much will your legal services cost me
We work on a contingency fee basis, which means that you pay no fees unless we recover money for you.
7- How much money will I get?
Once we obtain a better understanding of your injuries and your circumstances during your free consultation, we will be able to give you an educated opinion regarding the potential range of your settlement. There are numerous factors that are to be considered to determine the true value of any personal injury case.
8- What if the accident was my fault?
You are still entitled to Accident Benefits, as explained in the Accident Benefits section.