Accident Benefits Available to You

In Ontario all drivers of motor vehicles are required by law to carry automobile insurance. Every automobile insurance policy contains various benefits available to you, when you are involved in an accident, regardless of who was responsible. Anyone who is injured in a motor vehicle accident in Ontario (and in some cases outside of Ontario) has access to Statutory Accident Benefits. The amount of Accident Benefits available and length of time they are available is dependent on the amount of insurance purchased and the nature of your injuries.

FMT llp will assist you throughout the Accident Benefits process. We will work with your medical professionals to ensure that you are receiving all of the benefits and treatments that are available to you. We will also aid with any disputes that arise between you and your Accident Benefits insurer. At some point it may make sense to resolve your claim for Accident Benefits for a lump sum payment and we will assist you with this.

Benefits that may be available to you if you were injured in a motor vehicle accident under the Statutory Accident Benefits Schedules include:

  • Income Replacement Benefits, Non-Earner Benefits or Caregiver Benefits
    You are only entitled to receive one of the above benefits at any one time. Which benefit is available to you is dependent on your circumstances both before and after the accident.
    Income Replacement Benefits are designed to replace a portion of the income you were making prior to the accident if you are unable to return to work.
  • Non-Earner Benefits are available to those who do not qualify for an income replacement benefit and suffer from a complete inability to carry on a normal life as a result of the accident.
  • Caregiver Benefits are available to someone who is the primary caregiver for a person in need of care without receiving remuneration and as a result of the accident suffers a substantial inability to engage in the care giving activities.

Accident Benefits Available to You

Medical Rehabilitation Benefit

These benefits assist an injured party in paying for medical and rehabilitation treatment that is reasonable and necessary as a result of the accident. The Medical Benefits available include medical, surgical, dental, optometric, hospital, nursing, ambulance, audiometric, speech-therapy and physiotherapy. Services available include chiropractic, psychological, occupational therapy and physiotherapy. Expenses for medication, dentures and dental devices, hearing aids, wheelchairs prostheses, orthotics and other assistive devices are covered. Transportation to and from treatment sessions in certain circumstances is also covered.

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Attendant Care Benefit

This benefit provides payment for a person to look after the injured party if they require assistance with taking care of themselves. This amount can be paid to a family member who is looking after the injured party, a paid aide or attendant retained to look after the injured party or a long-term care facility where the injured party is staying. The amount of attendant care available and the length of time for which it is available is dependant on the severity of the injuries.

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Lost Educational Expenses

If at the time of the accident the injured party was enrolled in school, a benefit is available to compensate for lost educational expenses including tuition, books, equipment or room and board.

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Expenses of Visitors

This benefit pays reasonable and necessary expenses incurred by family member visiting the injured party during his or her treatment or recovery.

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Housekeeping and Home Maintenance

The insurer is required to pay for housekeeping and home maintenance services if the injured party as a result of the accident is no longer able to perform the services that he or she normally performed before the accident. The amount available and the length of time for which this benefit is available is dependent on the severity of the injuries.

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Damages to Clothing, Glasses, Hearing Aids, etc.

The insurer is required to pay for expenses in repairing or replacing any damaged clothing worn by the person at the time of the accident or any damaged prescription eyewear, dentures hearing aids, prostheses and other medical or dental devices that were lost or damaged as a result of the accident.

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Death and Funeral Benefits

If a person dies as a result of the motor vehicle accident his spouse and his children are entitled to a death benefit and are to be paid the funeral expenses. The amount of these benefits depends on the type of insurance purchased by the deceased.

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