I was in a car accident, now what?
Q. I have been involved in a motor vehicle accident. Do I have to report the accident to anyone other than the police?
A. Report the accident to your broker, agent, or insurance company as soon as possible after the accident. After the accident, you should either report the accident to the police and/or attend at a Collision Reporting Centre.
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Q. As a result of a motor vehicle accident, I have sustained personal injuries. What claim, if any, can I advance to compensate me for my injuries and loss?
A. There are two types of claims that injured car accident persons can advance: a claim for accident benefits and a claim for damages in tort law.
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Q. What if I get into an accident, but I don’t have insurance? Can I still receive accident benefits?
A. If you have been injured in an automobile accident, you can collect accident benefits even if you don’t have insurance. You may be covered by the insurance of the other party involved in the accident, or the insurer of the vehicle you were riding in at the time of the accident. If no one has insurance, you may be able to collect under the Motor Vehicle Accident Claims Fund.
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Accident Benefits
Ontario's system of automobile insurance is a "no-fault" system. What "no-fault" means is that regardless of who is to blame for the accident, any injured personas may receive some compensation, the compensation available is referred to as acident benefits.
Accident benefits are available to any injured party in a car accident regardless of their role in the accident, be it a driver, a passenger or even a pedesstrian. Accident benefits are claimed from your own insurance company, therefore a driver, passenger or pedestrian will make a claim from their respective insurance companies. An application for accident benefits should be completed and submitted to your own insurance company as soon as possible following a car accident.
Q. What if I get into an accident, but I don't have insurance? Can I still receive accident benefits?
A. If you have been injured in an automobile accident, you can collect accident benefits even if you don't have insurance. You may be covered by the insurance of the other party involved in the accident, or the uinsurer of the vehicle you were riding in at the time of the accident. If no one has insurance, you maybe able to collect under the Motor Vehicle Accident Claims Fund.
Accident benefits are provide according to the Statutory Accident Benefits Schedule, which is a regulation made under the Insurance Act.
If you qualify, you may receive several kinds of accident benefits.
Income replacement benefits help replace lost income if you are employed or self-employed and suffer a substantial inability to perform the essential tasks of your employment. . You can receive a maximum of $400.00 per week or 80% of your net income for up to the first 104 weeks (excluding the first week) after an accident. Thereafter, you can continue to receive these benefits as long as you are continuously disabled from any occupation for which you are reasonably suited by education, training and experience.
Caregiver benefits pay certain childcare or other caregiver expenses if you are a stay-at-home parent or other caregiver and are unable to care for a child or other person in need of care. The maximum amount of the caregiver benefit is $250.00 per week for the first person in need of care plus $50.00 per week for each additional person.
Non-earner benefits are paid if you are over 16 years of age, not employed or self-employed, and are unable to carry on with your normal life. The amount of the non-earner benefit is $185.00 per week. However, a non earner benefit is not payable for the first 26 weeks after an accident.
Medical and rehabilitation benefits pay for treatment and rehabilitation assistance that is not covered by OHIP or another disability insurance plan. You’ll receive a maximum of $100,000.00 for up to 10 years for a non-catastrophic injury, and up to $1,000,000.00 for the rest of your life in the case of a catastrophic injury.
Attendant care benefits pay someone to look after you after you have sustained serious injures as a result of an accident. You can receive up to $3,000.00 per month in attendant care for two years. If your injury is catastrophic, you can receive up to $6,000.00 per month to a maximum of $1,000,000.00 and there is no time limit.
Funeral expenses and death benefits are paid if an insured person dies as a result of the accident. Funeral expenses incurred are paid to a maximum of $6,000.00. A death benefit of $10,000.00 is paid to each person that was a dependent of the deceased. If the deceased was married, a death benefit of $25,000.00 would be payable to his or her spouse. If the deceased was not married but was survived by a dependent(s), the sum of $25,000.00 is then divided equally among the dependents. If the deceased was a dependent at the time of the accident, $10,000.00 would be payable to the person upon whom the deceased was dependent.
Housekeeping and Maintenance benefits are paid at the rate of $100.00 per week for all reasonable expenses for housekeeping and home maintenance if you suffer a substantial inability to perform these services and you performed these services before the accident. Housekeeping and home maintenance benefits are paid for 104 weeks unless the injury is catastrophic.
Depending on your circumstances, you may also be entitled to other benefits – for example, benefits to pay for visitors’ expenses, repair or replacement of eyeglasses or clothing damaged in the accident, or case manager services.
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Q. I was in a car accident, may I sue for damages? What is a “tort” claim arising from a car accident?
A. Tort Claim
The types of damages one might be eligible for in a tort claim include monetary awards for pain and suffering, lost income, housekeeping and home maintenance expenses, health care expenses and claims for family members under the Family Law Act.
Pain and Suffering
Pain and suffering refers to the injuries, both physical and psychological, sustained as a result of the car accident. The law in Ontario requires your injuries to be both permanent and serious. The amount for which you can claim for pain and suffering is also subject to a $30,000.00 deductible. However, the $30,000.00 deductible does not apply to claims where pain and suffering is assessed at $100,000.00 and over.
Loss of Income
A claim for loss of income generally includes two components: (1) past loss of income; and (2) future loss of income. Past loss of income can be claimed up to 80% of your after-tax income loss. Future loss of income (that is losses projected into the future) can be claimed at 100% of your gross income loss. Any employment disability insurance, private disability insurance, accident benefits or disability benefits received are deductible from your claim for lost income. You can be compensated for income loss even if you return to work.
Housekeeping and Home Maintenance Expenses
An injured person is entitled to claim reimbursement for housekeeping and home maintenance expenses which have been incurred not covered by the accident benefits insurer.
Health Care Expenses
An injured person is entitled to claim for past, present and future health care expenses not covered by OHIP or by the accident benefits insurer.
Claims of Family Members
Family members are compensated for the loss of care, guidance and companionship that they have suffered as a result of a death or injury to a loved one. Currently, claims for loss of care, guidance and companionship are subject to a monetary deductible of $15,000.00 on awards less than $50,000.00. Family members can also be compensated for the value of nursing services and other attendant care services provided to their loved one after an injury. In cases involving the death of a family member, the surviving family members are entitled to make claims for the loss of income suffered by the family and the loss of household services.