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Statutory Accident Benefits And You

Applications, Qualifications, And More

Say you’re the driver at fault in a motor vehicle accident, despite your best intentions. Or maybe you were a driver that was hit, or a passenger involved in an accident, or a pedestrian or a cyclist injured by a passing vehicle. If you sustained injuries as a result of a motor vehicle accident, you may need help in accessing rehabilitation services or payment for rehab.  That’s where Statutory Accident Benefits come in.

What are Statutory Accident Benefits?

Statutory Accidents Benefits are provided to all Ontario residents injured through the use of a motor vehicle. If you’ve been injured in a motor vehicle related accident in Ontario, you can apply to your own insurance company for Statutory Accident Benefits (SABs) under Ontario’s Statutory Accident Benefits Schedule, regardless of who is at fault.

For who does not have their own motor vehicle insurance policy, they can apply for SABs to the insurer of the driver of the vehicle that they were riding in at the time of the accident or in cases of pedestrians or cyclists, to the insurer of the driver who hit them.

Since the Statutory Accident regime is not based on fault, SABs are meant to help all injured parties during their recovery process, regardless of who caused the accident.

Do I qualify?

Have you been injured in a motor vehicle accident or motor vehicle “related’ accident? If so, you have the right to make a claim.   It is important to note that you must notify your insurance company, or the applicable insurance company if you don’t have motor vehicle insurance, within seven days of the accident (or as soon as is practically possible, in the event of more serious injuries) in order to begin the application process. Ask your insurer for an OCF-1 Application for Benefits.

What Statutory Accident Benefits Exist?

There are a number of Statutory Accident Benefits available depending on the nature and severity of your injuries as well as any optional coverages purchased on your policy.  Examples of types of benefits include:

  • Income Replacement Benefits, which can cover 80% of net weekly income to a maximum of $400 per week for up to 2 years;
  • Non-Earner Benefits, which provide $185 per week for up to 2 years;
  • Caregiver Benefits, which provide $250 a week for the first child and an additional $50 weekly for each subsequent child for up to two years (all children must be under the age of 16);
  • Housekeeping and Maintenance Benefits, paid out at $100 per week;
  • Attendant Care Benefits, which provides payment up to a maximum of $3,000 per month for up to 2 years; and
  • Various levels of Medical and Rehabilitation Benefits payments.

Additional benefits may also be available to you, depending on the circumstances of your motor vehicle or motor vehicle “related” accident. While you may qualify for some benefits, others may not be automatic since qualification depends on a number of factors. In all instances, you should discuss your situation with a personal injury lawyer to ensure that you are provided with the appropriate level of benefits fitting your situation and policy coverage.

If you’ve been in an accident and are worried about some of the various costs of recovery Statutory Accident Benefits are here to help you and provide peace of mind. If you have any questions or concerns about your benefit application, contact a personal injury lawyer today; they’ll be sure to help you get the compensation you deserve.

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