Personal Injury Expertise

Accident Benefit Claims

If you are involved in a motor vehicle accident in Ontario, you are required to apply for accident benefits.

These benefits are paid by your insurance company, if you have automobile insurance, and are available to any victims of automobile accidents regardless of who was at fault. 

Your insurance company is required, by law, to provide you with benefits to assist you in your recovery. If you do not have automobile insurance, then you would claim against the insurer of the vehicle you are in at the time of the accident or the insurer of the other vehicle involved in the accident.

Since there are several complexities involved with obtaining no-fault benefits, our team can provide helpful guidance to advance your accident benefit claim, leaving you to focus on your recovery. Our team will act as trusted advisors, helping you navigate benefits applications, ensuring you have access to treatment, and protect your rights against insurance companies before the courts and the License and Appeals Tribunal.

The following is a brief description of the benefits you may be entitled to claim from your insurer.

Weekly Benefits

You are entitled to claim one of the following weekly benefits, as long as you qualify for the benefit.

  1. Income Replacement Benefits

You are entitled to an income replacement benefit if you were working at the time of the accident or you were employed for at least 26 weeks during the 52 weeks before the accident or you were receiving benefits under the Employment Insurance Act (Canada) at the time of the accident.

There are some limits on the ability to claim the income benefit. For example, you are not allowed to claim for the first week of the disability. As well, you cannot claim this benefit for any period longer than 104 weeks of disability, unless, as a result of the accident, you are suffering a complete inability to engage in any employment for which you are reasonably suited by education, training or experience.

With respect to the amount of your income benefit, it is either $400 for each of the first 104 weeks of disability or 70% of your gross weekly income from employment, whichever is less.

Any income loss between $400 and 70% of gross income may be recovered against the at fault driver.

  1. Non-Earner Benefits

You may claim a non-earner benefit. This benefit is usually available to individuals who were not working at the time of the accident and did not meet the criteria to claim an income replacement benefit.

For accidents before June 1, 2016, the non-earner benefits are paid after a six-month waiting period following the accident (onset of disability defined as a complete inability to carry on a normal life as a result of and within 104 weeks following the accident) at a rate of $185 per week.

As of June 1, 2016, the six-month waiting period is replaced by a four-week waiting period, but the benefit is no longer payable after two-years. The amount of the benefit remains $185 per week. Finally, the benefit is not payable to anyone who is under 18 years old.

  1. Caregiver Benefits

For accidents on or after September 1, 2010, this benefit is available only if you have sustained a catastrophic impairment or if you have purchased this coverage option through your insurance broker. The benefit is available up to $250 per week for the first dependent, plus $50 for each additional dependent.

The caregiver benefit shall pay for reasonable and necessary expenses incurred as a result of the accident in caring for a person in need of care. A person in need of “care” means another person who is less than 16 years of age or who requires care because of physical or mental incapacity.

Our long list of satisfied clients is a testament to our ability to deliver results. Our firm will ensure that all aspects of the claim are pursued fully in order for the victim and family to receive full compensation. 

Compassionate care and expert guidance is at the core of our practice – we are here to help every step of the way.

Contact Fox Vanounou Porcelli Today

If you have been involved in a motor vehicle accident, call us at (416) 222-8400 or fill out our online form here. We serve clients throughout Toronto and nearby regions of Ontario.

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(416) 222-8400 | info@fvplaw.com

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