- I was wounded in a traffic accident. Am I entitled to indemnity?
In addition to the prospect of a claim to recover a cash payout or settlement for injury, pain and suffering and other damages, Ontario’s government mandates auto insurance to provide certain people who are injured or killed in car accidents with some required benefits. The so-called “statutory accident benefits” are these advantages. In a “no-fault” basis, the statutory injury benefits scheme works. This implies that you will be entitled to compensation, subject to certain minimal conditions, even though you are the one who caused the accident. click
You could well be eligible to obtain benefits as an injured person, irrespective of whether you were a driver, passenger, cyclist or pedestrian. Even if you have no auto insurance at the time of the accident, you, as well as your family members and dependants, could also receive benefits.
There are also disagreements about what benefits you are entitled to and what insurance tests you are expected to engage in. Consulting with a personal injury lawyer to decide what you are entitled to and what action you need to take to preserve your rights is always a good idea.
- What kind of benefits are I entitled to receive?
Income replacement payments are meant to compensate you for any of the money you lose as a result of being unable to function because of an injury in a car accident. Benefits for the first week are not payable and you must pass a disability test to apply for the benefits. Once more than two years have passed since the injury, the disability test becomes more difficult to fulfil.
If you’re an employee or a self-employed person, you can earn income replacement benefits. If other optional increased benefits are obtained, the limit that you can earn is usually $400 a week.
Your measurement of income would be more difficult if you are self-employed, and insurers also hire accountants to support them with these estimates.
Non-earner benefits-If you are 16 years of age or older and have experienced a total failure to live a normal life as a result of an accident within 104 weeks after the accident, you will receive these benefits. A lawyer may help to clarify what the word “total failure to carry on a regular life” means and how the cases have interpreted the word. The benefits are only available to those groups of persons, i.e.: unemployed but enrolled in full-time school, or completed your schooling less than a year before the accident and not working in a job that represents your education and training.
The amount of the non-earner payment is usually $185 a week, but for the first 26 weeks of the impairment, nothing would be payable. However, you would be entitled to earn $320 per week after the original 104 week span if your disability has lasted for more than 104 weeks.
Caregiver Compensation-If you (the injured person) lived with a person in need of care (such as a small child or an elderly parent) before the accident and were not paying for these services, these compensation could be payable. For the first individual in need of treatment and $50 per week for each additional person, you will be entitled to recover fair and essential expenses up to a maximum of $250 per week. You should remember that only one of these three benefits can be paid at any given time when it comes to income replacement, non-earner and caregiver benefits.