Toronto Personal Injury Lawyer

Mr. Michael Yermus

Feb-14-10

Accident Benefit Claims

posted by admin

Accident Benefits are the benefits available to you as part of the no-fault insurance regime in Ontario, thus regardless of whose fault the accident is, you are entitled to these benefits.

Generally, these benefits are available through your own auto insurance. However, if you do not have auto insurance you may claim through the auto insurance policy of the other party or parties involved in your motor vehicle accident.

In order to preserve your rights to accident benefits you must notify your auto insurer, or the other party’s auto insurance if you do not have auto insurance, of the motor vehicle accident.

Once you have informed the insurer of the accident, you will be sent a package of forms which you must complete to apply for you accident benefits.

The following is a list of some of the benefits you may be entitled to:

Medical and Rehabilitation Expenses

These expenses cover the costs of therapy, medical assessments, costs of medication and any other reasonable expenses incurred with respect to any medical or rehabilitation expenses. These expenses are generally limited to $100,000.00 or a 10 year time limit. If you are found to be catastrophically impaired, the time limit disappears and you may be entitled up to a maximum of $1,000,000.00 in expenses.

    Income Replacement Benefits

This is to compensate you for any loss of income you have suffered as a result of the motor vehicle accident. This benefit is available to you for 104 weeks following the accident, if you have suffered a substantial inability to perform the essential tasks of your employment.

These benefits are payable in the amount of 80% of your net weekly income, to a maximum of $400.00 per week.

    Non-Earner Benefits

If you were not employed at the time of the accident, you may be entitled to non-earner benefits if after 6 months following the accident, you suffer a complete inability to carry on a normal life. These benefits are not payable until after the 6 month period following the motor vehicle accident and are payable in the amount of $185/week.

    Housekeeping and Home Maintenance Benefits

If you require assistance with your housekeeping following your accident, you may be eligible for housekeeping and home maintenance benefits, up to a maximum of $100/week.

    Caregiver Benefits

If you were the primary caregiver prior to the motor vehicle accident and following the accident require assistance with your pre-accident caregiver activities, you may be eligible for caregiver benefits up to a maximum of $250.00 for one child and an additional $50.00 per child thereafter.

    Attendant Care Benefits

If you require assistance with your personal maintenance task, you may be eligible for attendant care benefits which are payable to a maximum of $72,000.00, but may increase to $1,000,000.00 if you are catastrophically impaired.

    Death Benefits

Death benefits are payable to the deceased’s spouse in the amount of $25,000.00, with an additional $10,000.00 to each of the deceased’s dependants.

    Funeral Benefits

Funeral benefits are payable to a maximum of $6,000.00.

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