Consider the following scenarios:
- A passenger in a motor vehicle suffers an aneurysm after being surrounded by group of motorcycles.
- A passenger in a motor vehicle suffers burns when the lid of the coffee she purchased in a drive-through comes off.
- While in the process of walking to her vehicle and one step away, a woman slips on ice and suffers physical injuries.
- The driver of a motorcycle suffers physical and psychological injuries in a physical altercation resulting from a road rage incident.
- The occupant of a home suffers psychological injuries when a car crashes into a nearby home, causing a large natural gas explosion.
What do each of these scenarios have in common? Believe it or not, In each case, a court or tribunal was required to determine whether the person had been involved in a car accident. Under s. 3(1) of the Statutory Accident Benefits Schedule, an “accident” is “an incident in which the use or operation of an automobile directly causes an impairment.” So, while motor vehicle collisions remain the most common type of motor vehicle accident, they are not the only type.
Why does this matter? Because if a person is injured in a motor vehicle accident, they are entitled to collect statutory accident benefits from their auto insurer. These benefits can include medical and rehabilitation benefits like physiotherapy, chiropractic care, massage therapy, or psychological counselling. They may also be entitled to an income replacement benefit or a non-earner benefit, depending on the severity of the injuries. These are benefits that can assist with rehabilitation and offset some financial strain in cases of injury. However, they are only available when that injury resulted from a motor vehicle accident. For more information on accident benefits, see our blog post on the subject here.
If you’ve been injured, an experienced personal injury lawyer can help you navigate the complex world of insurance claims and civil litigation.
