If you have been injured in

a motor vehicle accident in Ontario, then you are not alone. Thousands of drivers, passengers, motor-cyclists, cyclists and pedestrians are injured in an accidents each year. Often times accident victims do not know their legal rights and have difficulty with their insurer when filing their claim for Statutory Accident Benefits. Many accident claims are denied because the injured victim did not follow the rules and regulations when filing an accident claim. Almost every person is entitled to accident benefits if they have been injured in a car accident.

As an accident victim you may have more than one policy that will cover your claim for accident benefits in the event that you were injured in a vehicle accident. What is important to know however is that you will lose your right to claim accident benefits if you were breaking the law. This means that you will not be entitled to receive benefits for lost wages, non-earner benefits, lost education expenses, visitors expenses and housekeeping and home maintenance benefits if at the time of the vehicle collision you:

1) Drove without a valid driver’s license; 2) Knew or should have known that you were driving the vehicle without the owner’s consent; 3) Whilst a passenger, knew or should have known that the driver of the vehicle did not obtain the owner’s consent to drive his/her vehicle; 4) Drove the vehicle without a valid policy of insurance; 5) Drove the vehicle whilst under the influence of intoxicating alcohol or drugs and refuse to consent to a breath sample; 6) Drove the vehicle in order to commit a crime; 7) Knowing provided false and misleading information to your insurer when applying for a policy for auto insurance.

What Accident Benefits Am I Entitled To?

Under the Ontario’s standard auto insurance policy insured persons are entitled to accident benefits irrespective of who was at fault for the accident. The SABS, (Statutory Accident Benefits) was promulgated under Ontario’s Insurance Act to provide coverage to accidents victims who were injured as a result of a motor-vehicle collision. In addition to the standard auto insurance policy, an insured person can obtain addition coverage for benefits that are not covered in the standard auto insurance policy, for example, housekeeping and home maintenance benefits. Before you file a claim for accidents benefits with your insurance company, make sure you are familiar with which type of policy you have purchased. You may want to speak to our personal injury lawyers for a free consultation regarding your rights and obligations under the policy of insurance.

Income Replacement Benefits

If you have been injured in a motor-vehicle accident and have suffered injuries which prevent you from engaging in your employment, you may be eligible for income replacement benefits to compensate you for the wages you lose because of your disability caused by the motor-vehicle accident. If you have suffered an injury our motor vehicle accident lawyers will be happy to provide a free consultation with regards to accessing your income replacement benefit as soon as possible.

Non-Earner Benefits

If you were not working at the time of the accident and if your injuries were the direct cause of your disability which results in a complete inability for you to carry on all your pre-accident activities of normal living, you will be entitled to compensation as a non-earner with the help of disability claims lawyers.

Caregiver Benefit

If at the time of the car accident you were the primary caregiver and as a direct result of the accident you now suffer from a complete inability to carry on your care giving duties, you will be entitle to caregiver benefits.

Medical And Rehabilitation Benefits

Car accidents can be devastating no matter how minor your injuries. It is comforting to know that accident victims who suffer from minor injuries are still entitled to medical and rehabilitation benefits. If you have been the victim of a car accident you will be entitled to payment for your reasonable and necessary medical and rehabilitation expenses that is not covered by OHIP or any other medical insurance. Unfortunately the recent amendments to the SABS has capped medical and rehabilitation benefits for minor injuries to $3500, 00. (Within the MIG). For injuries that are more serious, (but not catastrophic) accident victims are entitled to coverage of up to $50 000, 00. (Out of the MIG). This amount includes the costs of all medical assessments and examination that is incurred by the injured victim. Our lawyers are not happy with the changes as they limit the benefits available to accident victims that are genuinely and seriously injured in a car accident. Whether your injuries are minor, serious or catastrophic, our lawyers are available to provide you with a free consultation to discuss your rights. We have one of the best medical and rehabilitation experts to support your entitlement to benefits.

Attendant Care Benefits

Unfortunately some accident victims suffer serious injuries as a result of car accident. As a result they are unable to perform their personal care activities, such as, bathing, grooming, dressing and undressing, feeding etc. It is recommended that an occupational therapy in-home assessment be done as soon as possible after a serious motor vehicle accident to assess the monthly attendant care needs. In a non-catastrophic case you are entitled to attendant care benefits of up to $3000, 00 per month. In a catastrophic case you are entitled to an amount of up to $6000, 00 per month. Because the regulations keep changing from time to time, we recommend that you speak to our serious personal injury lawyers for a free consultation about your entitlement to attendant care benefits as well as other benefits under the SABS. We have a team of medical and rehabilitation experts who will be able to properly assess your entitlement to these benefits if you have suffered from serious injuries.

With the new changes to the SABS we are convinced that the insurance industry has penalized accident victims who have been seriously injured in a motor-vehicle accident. Now more than ever persons who have been injured in a car accident need to realize that it is imperative that they hire the right

personal lawyer to fight the insurance industry. There will be a great deal of litigation and arbitration decisions surrounding the new legislative changes. The new changes has certainly impacted negatively on accident victims and our trial lawyers are ready to take a deserving case to trial to ensure that justice is done. Talk to our personal injury lawyers directly by calling us TOLL FREE: 1 844 495 7333.

This article is posted by Priashna Singh