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Car Crash – Know Your New No Fault Rights!

May 15, 2015 / Categories: Motor Vehicle Accidents, General

As a result of injuries sustained in a car crash, you may be entitled to make the following potential cases against car insurance companies:

  1. No-fault claim
  2. Against the other driver, if you are not at fault for the accident.

Please note that there is a statute of limitations that applies with respect to pursuing your claim. If you miss the time frames your case will be barred.  These time frames may be very short and therefore it is imperative that you contact us immediately to ensure your rights are protected.

Accident No-Fault Benefits (Accident Benefits) to which you may be entitled

These benefits are available, even if you are at fault for the accident and/or do not have your own car insurance coverage.  You are entitled to no-fault benefits so long as they are reasonable and necessary and as a result of the motor vehicle accident.  The following is a brief description of some of the potential benefits you may be entitled to. When you renew your accident benefits policy many benefits that were previously automatic are now optional. It is therefore very important to review your accident benefit policy and to bring it with you when you consult with a lawyer regarding your benefits.

Income Replacement Benefits

An injured person is entitled to receive weekly income replacement benefits, if they are not able to work as a result of the accident related injuries. The eligibility, amount and duration of these benefits depends upon a number of factors. The maximum that can be received is $400.00 per week unless optional coverage was purchased, and if it was, the maximum a person can receive from their auto insurance company is $1,000 per week.

Note: it is of the utmost importance that you apply and reasonably pursue all available accident benefits including income replacement benefits. If you return to work at reduced hours or reduced income, you must still continue to request and pursue these benefits, failing which the claim may be prejudiced and your damages substantially reduced.

Non-Earner Benefits

For auto insurance policies renewed after September 1, 2010, this is now an optional benefit. If the injured person is not entitled to income replacement benefits, and suffers a complete inability to carry on a normal life as a result of accident related injuries, then they will be eligible for these benefits 26 weeks after the onset of the complete inability to carry on a normal life.

Caregiver Benefits

For auto insurance policies renewed after September 1, 2010, this is now an optional benefit. An injured is entitled to caregiver benefits if at the time of the accident the (i) insured person was residing with a person in need or care and (ii) the insured person was the primary caregiver of the person in need or care and did not receive any remuneration for engaging in caregiver activities. This benefit pays for the reasonable and necessary expenses incurred as a result of the accident in caring for that person. The maximum amount payable if $250 per week and for each additional person in need of care, $50.00 per week. Even if someone returns to work immediately following the accident and is not entitled to an income replacement benefit, they may be entitled to this benefit if the above conditions are met.

Attendant Care Benefit

For accidents that occur after September 1, 2010, this benefit is now an incurred expense. The person providing the attendant care service to the injured party must now either be losing income to do so or be a professional in this area, such as a PSW. An injured person is entitled to attendant care benefits if they are unable to care for themselves. These benefits cover reasonable and necessary expenses incurred on by or on behalf of the injured party for services provided by an aide or attendant.

Housekeeping and Home Maintenance Benefits

For auto insurance policies renewed after September 1, 2010, this is now an optional benefit. For any accident that occur after September 1, 2010, this benefit is now an incurred expense. The person providing the housekeeping for the injured party must now either be losing income to do so or be a professional in this area, such as a housecleaning service. An injured person can receive up to $100.00 per week for the reasonable, expense incurred for housekeeping and home maintenance, if the injured person suffers a substantial inability to perform these services and the injured person performed these services before the accident. These expenses are paid for up to 104 weeks unless the injury is catastrophic, in which case they are payable for longer.

Medical and Rehabilitation Benefits not covered by OHIP or any other plans

For auto insurance policies renewed after September 1, 2010, this benefit has now been reduced to $50,000.  There is an option to increase this benefit. A person is entitled to receive up to $50,000 of medical and rehabilitation benefits for expenses incurred over a 10 year period from the date of the accident. If optional benefits are purchased, this amount may increase. If the accident related injuries are classified as catastrophic, then the above limited will be $1,000,000.00.

Other Benefits

You may be entitled to benefits such as lost educational expenses, expenses of visitors and damage to clothing, glasses, hearing aids etc…

Call Malhotra, Stayshyn and Wilson to have a free consultation with our personal injury legal team of lawyers today so that we may help guide you through the many mine fields that an injured victim will face in any injury case.