Motor vehicle accidents can often result in serious injuries and leave the victim physically and financially suffering due to medical expenses and time off work. If you or a loved one has been involved in such an accident, it is important to know your legal rights because your timeline to make a claim is limited.
Regardless of whether you were a driver involved in the accident, a passenger or a pedestrian, and even if your actions caused the accident, you are automatically entitled to “No-Fault Accident Benefits.”
Steps to Claim No-Fault Accident Benefits
- You must notify your insurance company within seven days of the accident and tell them you intend to make a claim.
- Your insurance company will send you claim forms which you will have 30 days to complete. (If you cannot make the 30-day deadline because of your injuries or another valid reason, this timeframe may be extended).
- If you are denied benefits, you should contact a lawyer to assist you with your appeal. You have two years from the date of denial to file an Application in the License Appeal Tribunal.
What losses do No-Fault Benefits Cover?
No-Fault Accident Benefits through your insurance cover a number of expenses and losses you may incur due to a motor vehicle accident.
If you are unable to work or have to work reduced hours because of your injuries, you may be entitled to Income Replacement Benefits through your insurer. You are entitled to receive 70% of your gross income loss from seven days after the accident, up to a maximum of $400 per week, unless you had previously purchased Optional Benefits that increase this weekly entitlement.
You are also entitled to receive compensation for medical treatment (not covered by OHIP) incurred as a result of your injuries. You may also be entitled to attendant care benefits to assist in your personal care.
Sometimes, however, an insurance company may deny certain benefits if the applicant has not sufficiently justified them.
Some factors that may affect whether a claim is approved or denied by an insurer include:
- The seriousness of the injuries
- The availability of other coverage
- The employment of the applicant prior to the accident
If you had purchased additional Optional Benefits at the time of insuring your car, you may be entitled to other benefits such as housekeeping and caregiving benefits.
What else am I entitled to?
If the accident was not your fault, there may be other compensation that you can receive by filing a claim against the at-fault driver.
For example, if your injuries are both serious and permanent, you may sue for damages for pain and suffering.
You may also be able to claim other expenses, like lost income, housekeeping and childcare.
Contact Hoffman Law today
If you have been hurt in a motor vehicle accident, it is important to take action as soon as possible to make sure your legal rights are protected. Contact Hoffman Law today to speak to a personal injury lawyer. We don’t get paid unless you do.