Ontario residents are entitled to apply for accident benefits if they have suffered financial losses as a result of injuries sustained in motor-vehicle accidents. These benefits are available in their own automobile insurance policy.

Known as the SABS (Statutory Accident Benefits Scheme) these benefits are provided regardless of fault. It includes drivers, pedestrians, cyclists, motor-cyclists who can all apply for benefits even if the other party in the collision was at fault. If you don’t have insurance, you can apply against the coverage of your immediate family-members (parent, spouse etc).

However, achieving the compensation settlement can be an uphill task as there are several complex medical, legal and insurance issues involved.

We assume that our insurance company would release the funds without delay so that we can resume our normal lives as soon as possible. But insurance companies are for-profit organizations which focus on protecting their own business interests. Hence they may deny or dismiss your claim, or delay payments inordinately, citing technical reasons etc.

An experienced Cornwall personal injury lawyer who regularly handles such claims can provide the right information, advice and assistance in such matters.

Seeking Statutory Accident Benefits

SABS is governed by Ontario’s Insurance Act. It is intended to compensate those injured in motor-vehicle accidents for financial losses they have suffered as a result of their injuries.

Victims have to inform their insurer within seven days of the accident. The insurer then provides an Accident Benefits Application kit which has to be completed and returned within 30 days. It’s wise to keep a copy of the forms you have completed and submitted.

What Benefits Can Be Claimed?

The benefits that will be provided are based on the nature and extent of your injuries and their impact on your daily functioning. These include:

Non-earner benefits: These are available to someone who cannot carry on their normal functions, but is not eligible for income-replacement since they’re not employed. Full-time students or those who graduated a year earlier but still unemployed are eligible.

Income-replacement benefits: You are eligible to receive up to 70% of your gross weekly income, capped at $400 weekly. It’s available provided you can satisfactorily demonstrate that you’re unable to perform the functions as you did earlier. Additionally, you should have been employed continuously for at least 26 weeks previously and were receiving employment insurance benefits.

Caregiver benefits: If you are a primary caregiver to someone and have been living with the person in need of care, without being paid for this service, you may be eligible. You must prove that you’re unable to perform your caregiving functions.

Medical and rehabilitation benefits: Compensation is available for reimbursement of any reasonable expenditure incurred as a result of the accident. This may include ambulance, dental, optometric, chiropractic, hearing-aid, medication etc and rehabilitation benefits can include treatments and services like physiotherapy, occupational and vocational therapy etc. In certain cases, it could also cover home/workplace modifications, financial and psychological counseling etc.

If you’ve suffered catastrophic injuries, a different set of criteria may be applied.

Consult your experienced Cornwall personal injury lawyer without delay to receive the statutory benefits you’re entitled to.