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Toronto Accident Benefits Lawyer

Many of our clients throughout Oakville and Richmond Hill are very concerned about exactly who was at fault in their accident. Many believe that if they are proven to be at fault, they will not qualify for benefits, also called Statutory Accident Benefits Schedule (“SABS”) or accident benefits.

However, Ontario has a no-fault insurance system. This means that regardless of fault, each driver’s benefits are paid by his or her own insurance company. Fault must still be determined if there are criminal charges or any claims made for damages, but benefits are automatic, even if you do not have automobile insurance of your own at the time of the motor vehicle accident.

In Ontario, all insurance policies must provide:

  • Income replacement (including self-employed income)
  • Caregiver benefits if you are the main caregiver in your family and have to hire a replacement
  • Non-earner benefits if you don’t qualify for income replacement or caregiver benefits
  • Medical expenses for treatment and medication
  • Rehabilitation benefits for health clinics, in-home treatment, and counselling
  • Attendant care for assistance with daily living
  • Other compensation such as housekeeping help or compensation for family visiting you in the hospital
  • Death and funeral expenses for families of fatal accident victims

Bougadis, Chang LLP Barristers can help you with any questions you may have about these benefits, find out what else your particular insurance policy covers and help you ensure that the company pays it. Our accident benefits lawyers can also help you find treatment, child care, personal care assistants and many other services you may need after your accident. Bougadis Chang LLP Barristers has literally appeared on thousands of Accident Benefits claims mediations and/or arbitrations before the Financial Services Commission of Ontario (“FSCO”). The provincial board responsible for the adjudication of AB Claimants’ dispute, who elect not to pursue the available litigation or Court option of suing their own insurers for the wrongful denial of theirs legitimate SABS claim.

Minor Injury Guidelines

Under the Minor Injury Guidelines (MIG), “serious” injuries such as brain injury are separated from such “minor” injuries as whiplash and slight sprains. Minor injury benefits are capped at $3,500. If you are in a car accident, you will probably be handed a MIG publication with your accident benefit package.

When they are first injured, many people believe that they will heal quickly and go along with the classification of their injury as “minor.” Six months later, when benefits end and they have still not fully recovered, they may regret having done so.

If you have been wrongfully labelled under the MIG, we can help you. Our lawyers will work with you, your treating doctors, and other specialists to convince your own insurance company that your situation has changed or was misjudged at the time of your accident. If necessary, we will go to court to defend your interests.

Contact Us

If you have been in an accident in Oakville, Richmond Hill, Southern Ontario, or the Greater Toronto Area, contact us at 416-703-2402. We can help you get the benefits you deserve.