Tierney Stauffer LLP Lawyers

Ottawa Accident Benefits Lawyers Assisting with Insurance Claims

You’ve been involved in a car accident, you’ve reported it to the police and to your insurance company. For most people, filing an insurance claim is a new and oftentimes confusing process. There are many forms to be filled, documents to be obtained and questions to be answered. The process can be confusing and onerous, especially if you’re dealing with injuries and other complications from the accident.

The team at Tierney Stauffer LLP has years of experience handling car accident insurance claims. Our team of personal injury lawyers will help you determine your entitlements following your accident and assist you with navigating the byzantine accident insurance process.

Types of Statutory Accident Benefits (SAB) to Which You May Be Entitled

The standard accident benefits, as outlined in the Statutory Accident Benefits Schedule (“SABS”) of the Insurance Act include the following:

Income Replacement Benefits

If you are unable to return to work as a result of the injuries you sustained in a car accident, you may qualify to be paid at 70% of your gross income to a maximum of $400 per week.

Non-Earner Benefit

If you were not employed at the time of the accident and you are completely unable to carry on a normal life, you may be eligible to receive a weekly amount, starting 4 weeks after the accident, and for a maximum of two years following the accident.

Attendant Care

If you require a nurse or support worker to assist you with your personal care, you may qualify to receive monthly expenses to cover or contribute to this cost.

Medical and Rehabilitation Benefits

These benefits can include reasonable and necessary expenses for medical, dental, hospital, chiropractic, psychological and other treatments, counselling services and assistive devices. This category also includes the cost of assessments and examinations.

Catastrophic Benefits

If you have suffered a catastrophic impairment, you may be eligible to receive additional benefits including:

  • Caregiver Benefits;
  • Housekeeping and Home Maintenance; and
  • Increased maximum benefits available under the Medical & Rehabilitation Benefits and Attendant Care categories.

The type of benefits available to accident victims under the SABS will also depend on the type of injuries and impairments sustained and the insurance policy purchased. To find out which benefits you may be eligible to receive, you should speak to a lawyer experienced in handling accident benefits claims.

Accident Insurance Claim: Dos and Don’ts

A car accident is a traumatic experience and you may not be aware of everything you need to do to assist with your accident insurance claim. As a resource, the team at Tierney Stauffer LLP has put together this list of Dos and Don’ts to help you navigate the process:

What to DO After an Accident

  • DO call your insurance company or insurance agent as soon as possible after the accident.
  • DO read your insurance policy thoroughly and make sure that you understand whether your coverage applies.
  • DO educate yourself about the accident benefits available to you.
  • DO get as many details about the accident as possible. Take photographs of the damage to the vehicles and of any injuries.
  • DO take down the names of any witnesses to the accident.
  • DO keep a written record of any conversations you have with insurance company representatives.
  • DO save all your receipts and bills for any expenses related to your claim. This can include repair bills for a damaged vehicle, bills for replacing damaged clothing or prescription lenses, medical bills, prescriptions, and other expenses. If you are not sure whether an expense is related, save it just in case.
  • DO know your rights. If you have any questions or concerns, you should speak to a personal injury lawyer with experience handling accident insurance claims to help you navigate this complex and confusing process.

What NOT to Do After an Accident

  • DON’T volunteer information to insurance company representatives. Answer their questions honestly and stick to the facts. You do not need to share your life story with them.
  • DON’T admit liability, even if you believe that you were at fault for the accident. Fault can be affected by many different factors. Admitting fault may jeopardize your chance at a full insurance settlement even if your behaviour was not the cause of the accident.
  • DON’T provide any information in writing to your insurance company before you have had a chance to review your policy.
  • DON’T assume that your insurance company representative has the final word in determining the value of your claim. If you have any questions or concerns, seek the advice of a lawyer with experience handling car insurance claims.
  • DON’T sign a release or waiver. If your insurance company asks you to sign a release or waiver, or some other document that you are unsure of, you should consult with a lawyer before doing so.
  • DON’T accept any payment as a settlement of your claim unless you are certain that you are being fairly compensated.

Please also see our page on what to do in the immediate aftermath of a car accident for additional tips.

Contact Our Experienced Personal Injury Lawyers About Your Accident Benefits Insurance Claim

Dealing with an insurance company after you have been injured in an accident can be frustrating and time-consuming. The personal injury lawyers at Tierney Stauffer LLP will give you the advice you need to settle your accident insurance claim successfully so that you can recover financially and move on with your life. Please reach out to us by telephone at 1-888-799-8057 or contact us online to set up a free consultation with a member of our team.

Ottawa

Fax: 613-728-9866
510-1600 Carling Avenue
Ottawa, Ontario
K1Z 0A1

Arnprior

Fax: 613-623-9166
62 Elgin Street West
Arnprior, Ontario
K7S 1N5

Cornwall

Toll-Free: 1-888-799-8057
340 Second Street East
Cornwall, Ontario
K6H 1Y9

Kingston

Toll-Free: 1-888-799-8057
556 O’Connor Drive
Kingston, Ontario
K7P 1N3