No-Fault Accident Benefits

December 5, 2023

By: Karen Hulan

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What are no-fault accident benefits?

The types of benefits potentially available to you include:

  1. Medical and rehabilitation benefits
  2. Attendant care benefits
  3. Income replacement benefits, non-earner benefits or caregiver benefits
  4. Lost education expenses
  5. Visitors’ expenses
  6. Funeral and death benefits

Who can receive no-fault accident benefits?

These are benefits available regardless of who is at-fault for an accident. You could be the driver of a car involved in a single car crash, or a pedestrian or cyclist who was struck by a car and still receive no-fault accident benefits. If you were injured in an accident that arose directly out of the use or operation of an automobile then you are entitled to no-fault accident benefits.

I have long term disability benefits available through my employer’s insurance plan. Can I still receive no-fault accident benefits?

Yes. The law in Ontario requires you to apply to those other insurance policies first and the no-fault accident benefits insurer then pays for amounts above that paid by the other policies. This applies to all private and work insurance policies for dental and health benefits as well as short-term and long-term disability benefit policies. The Beckett team can co-ordinate the paperwork for these insurance policies for you.

How do I access accident benefits?

You must notify your insurance company with seven days of the accident of your intent to apply for accident benefits. The insurance company will send you a package of documents to complete and return within 30 days after receiving them. No benefit is payable until the insurance company has received the completed forms. Most insurance companies will accept the forms beyond the 30-day timeline but to avoid delays it is best to submit them as early as possible. Make this application even if you have benefits available to you through other plans since there will be a limited amount of funding available to you through those other policies. Accident benefits may “top up” the difference. Beckett lawyers are available for a free consultation to explain these forms to you before you submit them to your insurance company.

The Beckett team offers something that many personal injury law firms do not: we deal with the paperwork for insurance policies to ensure that dental, health, short and long term disability benefits are coordinated with accident benefits coverage. We assist you with other applications such as CPP disability benefits. We take your instructions and represent you in all of these matters so you can focus on your rehabilitation.

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