Accident Advisors - Frequently Asked Questions

It depends. Because the law dealing with Statutory Accident Benefits in Ontario is very complicated, it is important to ensure that you are represented by a qualified lawyer or licensed paralegal from the onset of your claim. Under the Statutory Accident Benefits Schedule, Accident on or after November 1st, 1996, an insured person may only elect one weekly benefit: an Income Replacement Benefit, a Caregiver Benefit or alternatively, if you do not qualify for either of those benefits, a Non-Earner Benefit. Providing no election was previously made, a claim for Income Replacement Benefits can be presented even a year after the accident. However, if the insured person had previously elected Caregiver Benefits, the caselaw makes it very difficult for that election to be changed at a later date.

the city must be notified with in 10 days.

Yes. The Statutory Accident Benefits Schedule provides for a variety of benefits designed to assist an injury person in their time of need. Such benefits include, monies for assistance with providing care to children under the age of 16 or other persons in need of care, medical and rehabilitation benefits, as well as Non-earner Benefits. An insured person may also qualify for the Housekeeping and Home Maintenance Benefit, which provides monetary assistance for the insured person if they are unable to perform the essential tasks of their pre-accident housekeeping and home maintenance responsibilities. It is also important to consult a lawyer or licensed paralegal who provides legal services in this area of law immediately after the accident, because in certain circumstances an insured person can still receive Income Replacement Benefits, even if they were unemployed at the time of the accident.

A. Yes. The Statutory Accident Benefits Scheduled, Accidents on or after November 1st, 1996, was designed as part of Ontario?s no-fault system. The purpose of this legislation is to provide victims of car accidents the essential assistance that they require to recover from their injuries and reintegrate themselves back to their pre-accident activities of daily living, regardless of whose fault the accident was.

It is important to remember that the Statutory Accident Benefits Schedule, Accidents on or after November 1st, 1996, is a complex regulation and has many time-sensitive deadlines. Ensuring that you have proper representation from the very beginning is important, and the consequences of not having proper representation from the beginning can be very serious. Our office will make sure that you are made aware of all of the benefits to which you may be entitled. We will explain the test that you must be meet to qualify for the benefit, as well as the maximum amounts the insurance company will pay for various benefits. One common mistake that accident victims make is that they allow the insurance company to take a statement without having the benefit of a lawyer or licensed paralegal present to ensure that the insurance company does not overstep the boundary as far as which are acceptable questions to ask and which are not. Agreeing to such interview without having proper representation can be fatal to your claim.

Unfortunately, because of the complexity of the regulation involved, different benefits have different tests. To make matters even more complicated, this area of law is always evolving with new court and arbitration decisions coming out frequently, resulting in even more onerous tests an injured person must meet. Accordingly, having a lawyer or licensed paralegal who specializes in this area of law represent you is very important, and allows you to concentrate on what really matters: your rehabilitation.

You may be entitled for accident benefits and might be able to sue the party at fault for your losses. The family members can potentially make two types of claims: a claim for death benefits under the Statutory Accident Schedule, Accidents on or after November 1st, 1996, and/or a lawsuit against the person responsible. The first type of claim does not depend upon whose fault the accident was, and can only be made by certain family members. The second type of claim, being the lawsuit, does depend on whose fault the accident was, and can only be presented by certain family members. A licensed paralegal can only assist the family members with the first type of claim, being the claim under the Statutory Accident Schedule, Accidents on or after November 1st, 1996. A lawyer practicing in this area of law can assist the family members with either of the two types of claims.

If the injuries were sustained in a course of employment and your employer contributes to WSIB an application must be submitted accordingly. It would depend on a number of factors including whether or not the employer contributes to the WSIB and whether or not the accident occurred as a direct result of the use or operation of a motor vehicle. Given the complexity of the legislation and how sensitive it is as far as the facts are concerned, it is important to have a lawyer or licensed paralegal whom specializes in this area of the law.

Yes, but if the injured is an insured driver, the claim for accident benefits must be submitted to his/her own insurer. It depends. If you were injured on either a bus or streetcar, a claim for accident benefits can be made. However, if you were injured while on the subway, no claim for accident benefits can be made. Additionally, which insurance company responsible for adjusting the claim for statutory accident benefits depends on a number of factors. For this reason, it is important to consult with a lawyer or licensed paralegal whom specializes in this area of the law.