The province of Ontario has a no-fault system of car accident insurance settlements. You don’t have to sue the other party or go through a process of proving blame on their part. Your benefits are laid out in the Insurance Act and are paid to you by your own insurer.
The kind of benefits you can get are pretty wide-ranging. There’s an Income Replacement Benefit if you can’t work and a Non-earner Benefit if your injuries keep you from carrying out normal activities. There are other benefits covering things like Medical and Rehabilitation costs, as well as an Attendant Care Benefit.
Furthermore, if you suffer a “catastrophic injury”, you can receive compensation on a much larger scale. The definition of catastrophic injury most commonly includes brain and spinal cord injuries.
The amount of the benefits you receive under the act can vary, though there are maximum levels. Your safest bet is to hire a personal injury lawyer to help negotiate your car accident insurance settlement.
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Ontario’s No-Fault
Insurance Act Provides Accident Benefits
In Ontario, car accident insurance settlements are governed by the
Insurance Act. Regulations under the Act lay out the amounts and areas of
compensation. This is paid to you by your insurer under the no-fault system.
There is no need to sue the other party in the collision for these benefits. You
have basic entitlements.
Benefits Available
Under the Act
These benefits fall under a handful of categories: Income Replacement
Benefit; Non-Earner Benefit; Caregiver Benefit; Medical and Rehabilitation
Benefits; Attendant Care Benefit; Death and Funeral Payment Benefits. Some
other expenses are also covered, ranging from housekeeping and home maintenance
to coverage of lost or damaged clothing.
The legislation also lays out guidelines for coverage for catastrophic
injury, which is most commonly defined as including brain and spinal cord
damage.
Starting a Benefits
Claim
To make a claim under Ontario’s no-fault legislation, you need to inform
your insurance company within seven days of the incident. A personal injury
lawyer will help you meet this and subsequent filing deadlines. He/she will
also know exactly which of the benefit areas apply to your claim and will also
be able to pursue a tort damages claim against the other party, if negligence
can be proved.
Because the amount of benefits you receive – and the areas under which
you qualify – can vary, it is essential to retain a lawyer to negotiate your
car accident insurance settlement.