Accident Benefits Claims

The effects of a motor vehicle accident can be life changing. At Advocai, we will help you navigate this stressful process and ensure that you receive the compensation through Ontario’s no-fault Accident Benefits system. This no-fault system is typically referred to simply as “accident benefits” or “A.B.’s”.

We provide free consultations to help you understand your rights, and the value of your accident benefits claim.

The Accident Benefits Claims Process

All Ontario accident victims are entitled to Statutory Accident Benefits coverage. This coverage is typically provided by your own auto insurance company. If you don’t have access to an insurance policy, then you can get accident benefits coverage through a policy belonging to another person involved in the accident or the Motor Vehicle Accident Claims Fund.

Anyone injured in a car accident in Ontario - including at-fault drivers, drivers involved in single-vehicle accidents, passengers, pedestrians, cyclists or even individuals with an Ontario insurance policy who get injured in accidents in other Canadian provinces or US states – can make accident benefits claims.

Accident victims may be entitled to obtain the following types of accident benefits:

  • Income Replacement Benefits
  • Non-Earner Benefits
  • Medical Benefits
  • Rehabilitation Benefits
  • Attendant care Benefits
  • Caregiver Benefits
  • Housekeeping and Home maintenance Benefits

The Severity of Injuries and Accident Benefits

The benefits you are entitled to are based on the severity of your injuries.

Individuals with the following injuries will typically be placed in the Minor Injury Guideline (MIG):

  • Soft-tissue injuries
  • Whiplash
  • Strains or partial tears of muscles, tendons or ligaments
  • Contusions
  • Abrasion or lacerations
  • Subluxations

Individuals placed in the MIG are entitled to up to $3500 in medical/rehabilitative benefits.

Accident victims who suffer the following injuries or impairments are place in the non-catastrophic guideline:

  • Traumatic brain injuries (TBI)
  • Concussions
  • Fractures
  • Complete tears of muscles, ligaments or tendons
  • Spinal cord injuries
  • Certain psycho-emotional disorders requiring psychological/psychiatric treatment
  • Individuals who cannot make a maximal recovery under the MIG due to a pre-existing medical condition

Individuals placed in the non-catastrophic guideline are entitled to up to $65,000 in medical, rehabilitative and attendant care benefits.

Accident victims who suffer significant brain injuries, paralysis, amputations, complex multi-trauma or severe accident-related psycho-emotional impairments may be entitled to catastrophic accident benefits which raises the limit of entitlement to $1,000,000 for medical, rehabilitative and attendant care benefits as well as other categories of benefits.

Timeframe for Filing a Claim

Accident-benefit applications should be submitted to an insurer within 30 days of the accident; however, this is a ‘soft’ deadline and it can be possible to successfully apply for accident benefits after the deadline has past. If you are close to the deadline or have missed it already you should contact a lawyer immediately.

When You Need a Lawyer for Accident Benefits Claims

We recommend that accident victims consider hiring a personal injury lawyer to assist with their accident benefits claims in the following circumstances:

  1. They have suffered non-catastrophic or catastrophic injuries; and/or,
  2. They are pursuing a lawsuit against an at-fault party in addition to pursuing an accident benefits claim.

A good personal injury lawyer will: reduce your stress of dealing with insurance companies, handle the complex application process; fight for your right to receive benefits (and receive them in a timely manner); assist you in finding the appropriate health care practitioners to assist in your recovery; and, work to obtain a favourable settlement of your claim.

At Advocai, we have a team ready to work for you so that you don’t have to go through the process alone and unprepared. Contact Us if you or a loved one are looking to pursue a motor vehicle accident-related legal claim.

Ready to find out more?

Contact us for more information about our services and to discuss your claim.