Need To File A Motor Vehicle Accident Benefits Claim? Here’s What To Do

If you have been involved in a vehicle accident, your first priority is to stop the car and check if anyone has been injured. You might be wondering about the next steps. What important information should you record, and what visual evidence should be documented from the accident?

We provide the proper instructions for handling a motor vehicle accident and help you with the process of filing an insurance claim to receive the proper compensation.


Prioritize Health & Safety

Prior to starting a claim, your primary focus should be on ensuring safety and obtaining necessary medical care following the vehicle accident. Remember, safety comes first before moving on to the next steps for filing a claim.


Collect Information

After you’ve ensured your safety, collect the details from both parties involved in the incident. Make sure to get their full names, contact information, insurance info, and license plate number.  Don’t forget to also get contact info for any people who saw the accident happen.


Take Photos

Capturing pictures plays an important role in your claim. Take photos of the accident scene, the road, and any visible damage or injuries. In fact, visual evidence helps boost your claim’s strength and contributes to a smoother process.


Report the Accident

It’s important to notify the police immediately after you’ve collected all the necessary info. Provide an accurate description of what happened, and remember to request a copy of the police report for your personal records.


What are Accident Benefits?

In Ontario, motor vehicle Accident Benefits are benefits provided by insurance companies to car accident victims. Everyone who is involved in a car accident, even if you were a pedestrian and don’t have your own insurance is eligible to receive Accident Benefits. The province has laws called the Insurance Act and Statutory Accident Benefits Schedule (SABS) that ensure everyone has coverage. 

Through an Accident Benefits claim accident victims can be entitled to medical and rehab treatment benefits, income replacement benefits, non-earner benefits, attendant care benefits, housekeeping and home maintenance benefits and more, depending on the severity of your injuries. . Accident Benefits are designed to assist accident victims regardless of who is at fault for the accident. 

If you have your own insurance policy then it is your insurance company that will provide benefits and manage your claim.  If you don’t have your own policy then there are a series of rules that determine which insurance company will be responsible to pay your benefits. If you are unsure which insurance company to apply to for benefits then it is best to speak with a personal injury lawyer.

An application for Accident Benefits should be filed within 30 days. This type of claim is separate from your property damage claim (the claim regarding the damage to your vehicle if you were driving) and requires different paperwork to be completed and submitted to the insurance company. How these documents are completed can have a major impact on the amount of coverage and benefits you receive so we strongly suggest consulting a lawyer before submitting your Accident Benefits Application (OCF-1). Also, be sure to keep medical records and other proof of your losses.


Take Legal Action

Accident Benefits claims often turn contentious when insurance companies start denying much needed medical, care or income replacement benefits. A qualified personal injury lawyer will anticipate these issues in advance and take steps to avoid and/or fight denials.If your attempts at negotiations hit a roadblock and don’t yield the desired results, it’s important to consider the benefit of having a legal representative on your side, fighting for your rights. . In such situations, don’t hesitate to seek the expertise of the Personal Injury Lawyers at Advocai LLP. 


We proudly serve diverse clients throughout Ontario who have experienced personal injuries, including those resulting from motor vehicle accidents. At Advocai, we’ll help you navigate this stressful process and ensure that you receive the compensation you deserve. Contact us today for a free consultation.

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