When you sustain injuries due to a negligent motor vehicle accident in Ontario, you can sue for compensation through a personal injury lawsuit and claim statutory accident benefits. However, if you file a lawsuit, you have to prove that the defendant was negligent or otherwise at fault. On the other hand, if you claim statutory accident benefits (SAB), you can get benefits through your car accident insurance policy regardless of fault as mandated under the Statutory Accident Benefit Schedule (Schedule).
Pursuing one course does not preclude you from seeking the other. If an insured person claims SABS from their insurer, they may still file a personal injury lawsuit against a negligent party. Regardless of which option you choose, it would be advisable to consult with experienced Diamond & Diamond personal injury lawyers who can advocate on your behalf and ensure that you receive the compensation you deserve.
Unlike a personal injury lawsuit, SABS is not damages awarded as compensation for your injuries. Instead, it’s part of the provisions in the mandatory car insurance coverage of all vehicle owners for no-fault benefits.
Under the Schedule, auto insurance policies must include provisions for no-fault recovery assistance to an injured policyholder. Retaining a personal injury lawyer can ensure you get all the benefits you should to help you recover from your injuries.
Below is a brief description of the Accident Benefits that an insured person in Ontario can expect to receive in a motor vehicle accident. The type and coverage of benefits will depend on the extent and nature of the injuries.
An insured person may receive Income Replacement Benefits (IRB) for loss of income if their injuries prevent them from going back to work. They are eligible if they were over the age of 16, employed, self-employed, or not employed, but had been employed for at least 26 weeks within a 52-week period before the accident.
The IRB gives a maximum of $400 a week, or 70% of the gross weekly income, whichever is less. An insured person who availed of optional benefits in their insurance policy will receive whatever the optional amount is, regardless of actual loss of income.
Unemployed persons cannot claim loss of income, so they do not meet the criteria for IRB. However, they may receive the non-earner benefit of $185 a week. To qualify, the insured person must be totally unable to live an everyday life due to injuries sustained in a motor vehicle accident.
Unpaid caregivers who sustain severe injuries in a motor vehicle accident that prevent them from carrying out caregiving tasks may receive the caregiver benefit. The amount for this benefit will cover reasonable and necessary expenses and may not exceed $250 a week (plus $50 for each additional person in their care) for a maximum of 104 weeks. Availing the IRB or non-earner benefits disqualifies an injured person from the caregiver benefit.
The medical and rehabilitation benefits cover all reasonable and necessary accident-related injuries of the insured person. These include emergency care and hospital expenses, an authorized transportation expense, physical rehabilitation services, medical devices, modifications in the home and workplace, housekeeping and caregiver services, medications and counselling. Limits on each category will depend on the extent of the injury and range from $3,500 for minor injuries to $65,000 for severe injuries.
Insured persons who require personal care assistance or long-term care but do not qualify for benefits under other sections in the Schedule may avail of the Attendant Care Benefit. The monthly benefits will depend on the level of injuries, ranging from $3,000 for non-catastrophic injuries (not more than 260 weeks) to $6,000 for catastrophic impairment (no time limit).
The insurer may also need to pay for the following necessary expenses:
If the insured person dies because of a motor vehicle accident, the insurance company will provide death and funeral benefits to family members. The death benefits include benefits to the spouse ($25,000), each dependent ($10,000) and former spouses with whom the insured had domestic contractual obligations ($10,000). Funeral benefits will cover necessary expenses not exceeding $6,000.
Regardless of fault, any person over 16 covered by mandatory car insurance policies can receive financial assistance under one or more sections of the Schedule. Even at-fault drivers may qualify. Family members may also apply for death and funeral benefits for the insured person.
Eligibility for individual benefits will depend on the injuries and circumstances of the insured person at the time of the car accident, such as their employment history. The main hurdle in accessing these benefits is dealing with insurance companies.
Because many of the Accident Benefits provisions are open to interpretation, an insured person may not fully understand their rights. A Diamond Law personal injury lawyer can be a valuable ally in these cases.
“Statutory accident benefits should be part of your auto insurance. It will act as your protection in case you have an accident.”
As described in our article on Statutory Accident Benefits Schedule, Ontario’s Accident Benefits can provide assistance to insured persons who suffer injuries due to motor vehicle accidents. Because it is mandatory and is a no-fault assistance program for insurance companies, insured persons in Ontario can file a claim directly with their insurers.
However, insurers will try to limit their payouts by making the process as tricky as they can. You might also have to file many documents. It would be best to let Diamond Law handle it to ensure you get all the benefits you need.
Additionally, the financial limits under the Schedule might fall short of the needs for some injuries. To get the compensation you need, you can file a personal injury lawsuit against a negligent third party and Diamond & Diamond Law can also help with that!
We have broad experience dealing with big insurance companies and handling personal injury cases. Call us today to receive the compensation and SABS benefits you deserve!
We are here 24/7 to address your case. You can speak with a lawyer to request a consultation.1-800-567-HURT
The SABS Ontario process involves some complicated steps and many documents. You will find the entire process and requirements outlined in Part VII of the Statutory Accident Benefits Schedule.
Yes, you can. Canada statutory accident benefits are no-fault and mandatory for auto insurance companies. SABS provides recovery assistance for injuries sustained by an insured person in Ontario due to a motor vehicle accident.
Processing a claim for statutory accident benefits should not take more than 45 days after the insurer receives a completed and signed application form.
Statutory Accident Benefits Schedule (SABS) is a type of no-fault insurance, which is mandatory and is, therefore, part of standard automobile coverage. Moreover, regardless of who is at fault, certain benefits are available to everyone. Since SABS is regulated by Ontario’s Insurance Act, SABS benefits claims are resolved by the Automobile Accident Benefits Service.
In Ontario, tort deduction is $41,503.50, which will be deducted from non-pecuniary damages. However, if the victim’s pain and suffering is assessed to be $138,343.86, then the deduction does not apply.
For example, if damages of $50,000 are awarded, then the victim will actually receive $8,496.50. However, if damages of, at least, $138,343.86 are awarded, then nothing will be deducted.
Yes, Statutory Accident Benefits are mandatory in Ontario and, therefore, all policies will include it.
Call NOW for a free consultation
255 Consumers Road, 5th Floor, Toronto, Ontario
4246 97 Street NW, Unit 103, Edmonton, Alberta
1727 West Broadway, Suite 400, Vancouver, British Columbia
168 Bayfield Street
1331 Macleod Trail SE, Suite 645
2713 14 St SW
600 Crowfoot Crescent NW #240
4246 97 Street NW, Unit 103
1701 Hollis St
256 Pall Mall St, Suite 102
2939 Portland Drive, Suite 200
50 Richmond Street E, Unit # 108 B
955 Green Valley Crescent, Unit 315
31 Larch Street, Unit 300
1104 – 13737 96 Ave, Surrey, BC V3V 0C6
255 Consumers Road, 5th Floor
Diamond and Diamond | Real Estate Lawyers Toronto
1678 Bloor Street, Suite 302
1727 West Broadway, Suite 400
13158 Tecumseh Rd. E. Unit 3B