If you or a loved one is involved in an accident, as driver or pedestrian, you may be entitled to financial compensation while you are recovering. The Statutory Accident Benefits Schedule (SASB) regulates the benefits which are standardized in the insurance sector. The SASB provides benefits regardless of fault and covers benefits to you, your passengers or pedestrians injured in an accident.

Anyone who is affected by an accident must get legal advice from a personal injury lawyer who has expertise and knowledge of motor vehicle laws. Apart from SASB benefits you can also make a tort claim for damages (compensation from the person/s responsible for the accident.)

Some of the most commonly asked questions about accident benefits claims are:

Am I eligible for accident benefits?

If you have been injured in an accident or someone who is related or dependent on you is injured in an accident, you can claim accident benefits to help you cope with the physical and psychological trauma. These benefits are meant for treatment, care and replacement of income suffered as a result of injuries sustained in the accident. You must contact a car accident lawyer or a personal injury lawyer immediately apart from your insurance company. There are three main types of injuries:

• Minor
• Catastrophic
• Non-catastrophic

It’s important that your injury gets categorized correctly as it can affect your claim and make a significant difference to your rights.

If you cannot work at the same pace/level as you used to before the accident, you can claim benefits within a period of two years. You may have been employed or self-employed and receiving employment insurance benefits at the time.

What are some of the Statutory Accident Benefits?

Under current laws, statutory accident benefits include:

• Income replacement benefits
• Care-giver benefits
• House-keeping and home maintenance benefits
• Non-earner benefits
• Medical and Rehabilitation benefits
• Reports costs including costs of assessments and examinations
• Attendant care benefits
• Dependent care benefits
• Death/Funeral expenses
• Optional benefits
• Certain other benefits like replacement of damaged spectacles, dentures, hearing aids, prostheses, medical assistive devices, clothing etc
• Indexation benefits

However, everyone does not automatically for all these benefits since each has its own qualifying criteria.

What are the important facts to know about claiming accident benefits?

Apart from reporting the accident to the relevant authorities, specifying the damages to property/vehicle/person, you should report injuries to the insurance company as quickly as possible. This report should be made within seven days of the accident. The insurer will provide you with a Form OCF-1, which must be filled and returned to them within 30 days.

Are there any exclusions? 

Insurance companies typically deny claims for income replacement, non-earner and other benefits if the driver knowingly did not have a valid driver’s license. If the driver was specifically excluded from your insurance company’s policy, or the passengers/driver specifically knew that the vehicle was being driven without the owner’s consent, and/or is engaged in a crime, then your claims may be contested by the insurance company.

Do I need a Personal Injury lawyer?

This section of the law is extremely dynamic and there are frequent amendments and new legislations. Our free consultation injury lawyers can help you understand the legal aspects of your claim and also put together a strong claim. You may or may not have insurance, or the other party may or may not have insurance and this factor is not relevant as far as claiming benefits is concerned. Our lawyers can complete all the requisite paperwork, handle your statutory benefits claims and deal with your insurers.

It is mistakenly assumed that your insurance company will be of assistance. However, in reality, their mandate is to benefit their own organization and hence they may not actively pursue your case. You require the services of a pro-active legal team to derive maximum benefits and handle all aspects of your case from start to finish. Our lawyers work on your behalf to protect your rights and interests.

When should I call a lawyer?

In general, minor accident claims are settled relatively quickly but if you or a loved one has been injured in an accident, if death has been caused in an accident, if serious vehicular/property damage was caused, you need immediate legal assistance. If a pedestrian was injured, road conditions were a factor, the accident occurred in a construction zone, you’re being faulted wrongly or you don’t understand your/the other party’s insurance company policies, you must get expert legal advice.

If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333.