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Injury claim

In Ontario, automobile insurance runs under a “no-fault” system. “No-fault” does not mean that no one is at fault, or that it doesn’t matter whose fault the accident is. In terms of Accident Benefits, “no-fault” means that, regardless of who is to blame for the accident, anyone who is injured may receive some compensation. It is this compensation which is referred to as Accident Benefits.

Accident benefits are available to any person injured in a car accident regardless of their role in the accident. Whether you are the driver, a passenger or even a pedestrian, you are entitled to some form of these benefits.

Accident benefits are claimed from your own insurance company so each injured person would make a claim from their respective insurance companies. An Application for Accident Benefits should be completed and submitted to your own insurance provider as soon as possible following a car accident.

The limits and amounts that an injured person is entitled to through Accident Benefits is determined by how the injuries are categorized. There are three main categories of injuries which are used to determine what level of benefits are available:

  • Catastrophic
  • Non-Catastrophic
  • Minor Injury

Accident Benefits themselves are also broken down into a number of categories, depending on your injuries and diagnosis. These categories are:

  • Medical and Rehabilitation
  • Income Replacement
  • Attendant Care
  • Non-Earner
  • Caregiver
  • Housekeeping
  • Damaged Clothing or Medical Devices
  • Visitor Expenses

The Insurance Act and Accident Benefits can be a very confusing and, often intimidating, area of law. Hopefully, this provides a very simple breakdown of Accident Benefits, including what they are and who is entitled to them. In the coming months, we will delve into this topic further and discuss the different categories of injuries and benefits.

For more information on Accident Benefits, or if you have any questions regarding the points outlined above, please feel free to contact me directly.

Susan Mitchell

Partner – Personal Injury and Litigation Group

Disclaimer: This article is provided as an information resource. This article should not be relied upon to make decisions and is not intended to replace advice from a qualified legal professional. In all cases, contact a legal professional for advice on any matter referenced in this document before making any decisions. Any use of this document does not constitute a lawyer-client relationship. Please note that this information is current only to the date of posting. The law is constantly changing and always evolving.

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