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| Personal Injuiry Accident Benefits: |
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All automobile policies in Ontario contain mandatory accident benefits coverage as set in the Statutory Accident Benefits Schedule.
In general, your Accident Benefits insurer is the first of the following that applies to you:
The insurer of the vehicle you own (or are insured under). |
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The insurer of the vehicle in which you were in at the time of the accident. |
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The insurer of any other vehicle involved in the accident. |
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The Motor Vehicle Accident Claims Fund |
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Important Time Limits:
The following steps should best be taken only after retaining an experienced personal injury lawyer as the law is complex and strictly enforced if you miss a step when making a claim. A personal injury lawyer can also help identify and assist in properly applying for all available benefits. |
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You have 7 days from the time of the accident to notify your accident benefits insurer. |
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You have 30 days to file a completed application for accident benefits with your insurer (from the time it is received). |
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You have 2 years to sue the accident benefits insurer for a denial of benefits, but a mandatory mediation must take place first. |
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| Available Accident Benefits May Include: |
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Income Replacement Benefits (IRB) |
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| You are entitled to 80% of your net income, to a maximum of $400 per week if you are substantially unable to perform the essential tasks of your occupation or employment during the first 104 weeks. Thereafter, you can continue to receive these benefits as long as you are continuously disabled from any occupation for which you are reasonably suited by education, training and experience for up to $400 a week or 80% of your net income. |
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Non-Earner Benefits (NEB) |
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| You'll receive up to $185 a week if you are not employed and if you suffer a complete inability to carry on a normal life as a result of the injuries from the accident. Non-earner benefits are not payable for the first six months after the accident. |
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Caregiver Benefits |
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| You'll receive up to $250 a week, if you were the primary caregiver of a person in need (with whom you were residing), plus $50 for each additional person in need of care. |
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Medical & Rehabilitation Benefits (above OHIP) |
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| You'll receive a maximum of $100,000 for up to 10 years for a non-catastrophic injury, and up to $1,000,0000 for the rest of the victim's life in the case of a catastrophic injury. |
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Attendant Care Benefits (for personal care) |
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| You'll receive up to $3,000 a month for two years for a non-catastrophic injury ($72,000 maximum), and up to $6,000 a month for the victim's lifetime for a catastrophic injury ($1,000,000 maximum). |
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Housekeeping and Home Maintenance Expenses |
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| You'll receive up to $100 per week for two years for a non-catastrophic injury, and for life in the case of a catastrophic injury. |
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Lost Educational Expenses |
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| Students will receive a maximum of $15,000. Death Benefits. $25,000 for the spouse of the victim; $10,000 for each of the victim's dependents; $10,000 to the person upon whom the victim was a dependant; up to $6,000 for funeral expenses. |
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Travel Expenses |
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| Family members or those living with the accident victim for their visiting costs during treatment or recovery will receive travel expenses. You should know that you can elect, as part of your own automobile insurance policy, to purchase optional increased coverage amounts for income replacement benefits at additional cost. |
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