Can I Still Make a Claim if the Accident was my Fault?

The answer to that question is yes. In Ontario, anyone is eligible to claim Accident Benefits, also known as No-Fault Accident Benefits. You might be asking, what are Accident Benefits? That is a fundamental question to ask. Accident Benefits are a part of your auto insurance coverage, designed to help cover treatment and expenses you may incur due to injuries suffered during a car accident. There are different types of Accident Benefits that you may be eligible for, even if the accident was your fault.

Income Replacement Benefits

This type of benefit applies if you are unable to return to work due to injuries sustained during your accident. These benefits provide you with income support. You can receive the maximum Income Replacement Benefits for up to 104 weeks from the accident date, excluding the first week. They are 70% of your gross income before the accident, with a maximum of $400 weekly. After the 104 weeks, if you still meet the disability qualifications, you can get a minimum weekly benefit of $185.

Non-Earner Benefits

You can receive this benefit if you do not qualify for income replacement benefits because you were not working at the time of the accident. You can receive $185 a week, excluding the first four weeks, should you meet the disability test.

Medical and Rehabilitation Benefits

This coverage helps cover the expenses related to treatment, rehabilitation programs, and medications needed after your accident that are not covered by OHIP or insurance plans. The amount is $3,500 for minor injuries, up to $65,000 for non-catastrophic injuries, and up to $1,000,000 for catastrophic injuries.

Attendant Care Benefits

This benefit helps cover the cost of hiring an attendant or caregiver to assist with daily tasks if you cannot perform them due to injuries from the accident. For non-catastrophic injuries, it is $3,000 per month for 5 years, and for catastrophic injuries, it is $6,000 per month until death.

Caregiver Benefits

This benefit helps cover the cost of hiring someone to assist with your dependents because, due to the injuries sustained during the accident, you cannot care for them anymore. This applies only to catastrophic injuries or if included in your optional benefits, and you must have been the primary unpaid caregiver living with the dependents. This includes up to $250 a week and an additional $50 for each subsequent dependent who still lives at home.

Death and Funeral Benefits

If the accident was fatal, some benefits can be claimed to cover funeral costs and dependent care. You can receive up to $6,000 for funeral-related expenses. A spouse of the deceased will receive $25,000, and the dependents (such as minor children) will receive $10,000 each. If the deceased did not have a spouse but had dependents, the $25,000 will be split among the dependents. If the deceased was a dependent, their parent or guardian would receive $10,000. Also, a previous spouse may be entitled to $10,000 if they were still financially dependent on the deceased.

Other Expenses Covered by Accident Benefits

In addition to the primary benefits, there are other expenses that Accident Benefits can help cover. These expenses aim to alleviate the financial burden on you and your family during your recovery process. Here are some of the additional expenses that may be covered:

School Expenses

This compensates for the loss of tuition, books, and other school-related expenses incurred due to injuries from the accident. This is for a maximum of up to $15,000.

Family Claims

These are the expenses that your family may have incurred due to your recovery and treatment from the injuries sustained in the accident.

Housekeeping and Home Maintenance

You could receive assistance with housekeeping and home maintenance affected by the injuries endured during the accident. This is up to $100 per week.

Damage to Personal Property

You can receive compensation for items damaged in the accident, such as phones, glasses, clothing, and other devices.

It is also important to note that there is an option to increase some of the Accident Benefits, but it depends on your level of impairment and injuries. This is why you should seek legal advice when you have been injured in an accident. For personalized and expert legal support, contact Miriam Low, your trusted personal injury lawyer in Toronto.