Articles for Non-Lawyers

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What “Accident Benefits” am I entitled to After a Motor Vehicle Accident? by Patricia Santucci

As a motor vehicle accident victim, you, and certain relatives or dependants may be entitled to certain “accident benefits” from your own insurance company, regardless of who was at fault for the accident. These benefits are set out in the provincial Statutory Accident Benefits scheme, which is part of the legislation the Ontario Insurance Act. The following is a list of benefits that may be available to you if you have been involved in an automobile accident. This list gives a brief description of each of the benefits. I have more in depth articles on the specific benefits that you can refer to for further information.

Medical and Rehabilitation Benefit

If you qualify, this benefit will pay for reasonable and necessary medical and rehabilitation expenses that are not covered by a government health plan or a private health plan that you may have through work or your spouse’s work.

Attendant Care Benefit

The attendant care benefit is meant to compensate you for expenses incurred for an aide, attendant or long-term care facility if you are unable to carry out certain personal care activities such as bathing, toileting, dressing or feeding yourself, as a result of injuries sustained in a motor vehicle collision.

Income Replacement Benefit

This benefit may be available to you if you cannot work because of the injuries you sustained in the motor vehicle accident. There is a formula to determine what your weekly benefit will amount to, and you must be aware that this benefit will only partially compensate you for the loss of your income.

Non-Earner Benefit

This benefit is meant to compensate you if you were not working at the time of the accident, but you did suffer injuries. In order to qualify for this benefit, you must provide evidence that you suffer a complete inability to carry on your normal activities because of the injuries that you sustained in the motor vehicle collision.

Caregiver Benefit

This benefit may be available if you were someone’s primary caregiver at the time of the accident, and you are not able to continue as a primary caregiver as a result of the injuries that you sustained in the motor vehicle accident

Other Expenses

This benefit will cover your expenses such as lost educational expenses, the cost of certain people visiting you during treatment and recovery and reasonable costs related to housekeeping or home maintenance required due to injuries sustained in a motor vehicle collision, if you qualify. You may also be covered for repairing or replacing certain items of your clothing that were lost or damaged in the collision.

Death and Funeral Payments

Your own insurer will compensate your survivors, via a lump-sum payment, if you are killed in a motor vehicle collision. This benefit will also help pay for a funeral.

Optional Benefits

You have the choice of purchasing additional accident benefits, or increasing the amount of the standard accident benefits.

Your Bridge over Troubled Waters

Accident benefits are a complicated area of personal injury law. You need to know which benefits that you are entitled to, whether you qualify and what to do if your insurance company denies your benefits, or cuts you off your benefits prematurely.

If you get into trouble with your own insurance company after being injured in a motor vehicle accident, contact Santucci Law to help you. We will be your bridge over troubled waters. To obtain a free consultation, please contact our office by e-mail or call (905) 667-1987.

About the Author Patricia Santucci

Patricia Santucci is a personal injury lawyer born and raised in Hamilton, Ontario. She holds several degrees having attended King’s College at the University of Western Ontario, McMaster University, earned a Master of Arts degree at the University of Windsor and an Ontario Teaching Degree from Teacher’s College as well as her Ontario Teaching Certificate. After graduating from the University of Alberta law school she was called to the bar in 2000. You can find Patricia on and LinkedIn or directly through this website