Ten things you need to know about Statutory Accident Benefits in Ontario

If you have been injured in a motor vehicle accident (car, bicycle, motorcycle, pedestrian etc.) you can apply for “no fault” Statutory Accident Benefits (SABS), regardless if the accident was your fault.

The accident benefits provide compensation for expenses incurred that you would not have otherwise incurred, but for the accident. Benefits provide treatment, care, and income while recovering from an accident.

1. The date of your motor vehicle accident is the deciding factor when determining your entitlement. The accident benefits applicable to your motor vehicle accident will generally not change even if the Statutory Accident Benefit Schedule does;
2. You are obliged to inform your insurance company within seven days of the accident should you intend to apply for medical, rehabilitation or wage loss benefits;
3. If you were driving for work, even in your own car, at the time of the motor vehicle accident it may be considered a WSIB claim and not a motor vehicle accident claim. Additionally, your right to sue may be negated.
4. A maximum of $400.00 per week is paid to you regardless of your income if you have not purchased additional coverage. You will receive 70% of your gross income, up to $400.00 per week;

5. The first two years of wage loss benefits are based on a disability from your job. After that you must be disabled from “any job” in order to continue to qualify for benefits;
6. If you have disability or medical coverage through your work or private plan, that insurance company pays before your auto insurance;
7. If your injury falls under the Minor Injury Guidelines, the maximum your insurer will pay towards your medical and rehabilitation expenses is $3,500.00;
8. If you are stay at home parent and are in a car accident, your insurance company will only pay for care for your children if you are catastrophically injured;
9. If a loved one is killed in a motor vehicle accident the maximum your insurance company will contribute towards funeral expenses is $6,000.00;
10. If you require assistance caring for yourself following a motor vehicle accident (attendant care benefits) the maximum amount your insurance company will pay is $3,000.00 per month unless you are catastrophically injured. The cost of private care far exceeds that cap. If your injured is deemed by your insurance company to fall into the minor injury classification you are not entitled to any attendant care whatsoever;

Contact Brown law office If you or a loved one is seriously injured in a car accident. The team at Brown Law office is here to guide you through the process, and get you maximum compensation.