What is the Statutory Accident Benefits Schedule (SABS) - Diamond and Diamond Lawyers
  • Friday, 02 February 2018

What is the Statutory Accident Benefits Schedule (SABS)

#AskIsaacZisckind

An injury suffered in an Ontario motor vehicle accident can be physically and financially devastating. You must endure the pain and trauma from the injuries suffered in the collision that could keep you out of work while bills start to pile up as you worry about how they are going to be paid. Help is available through the Statutory Accident Benefits Schedule (SABS) administered by the Automobile Accident Benefits Service of Ontario.

You right to compensation following an accident

If you are seriously injured in a motor vehicle accident, you could have the ability to sue the negligent party who caused it for damages, or you could file a claim for benefits under the SABS. A motor vehicle accident, for purposes of the SABS, includes collisions involving the following:

  • Cars
  • Trucks
  • Motorcycles
  • Pedestrians hit by motor vehicles

Drivers, passengers, pedestrians and bicycle riders injured in a motor vehicle accident may file a claim for benefits under the SABS.

Types of benefits available under SABS

The benefits available under SABS include:

  • Income replacement
  • Medical and rehabilitation costs
  • Childcare expenses for stay-at-home parent unable to provide care for a child
  • Costs associated with hiring someone to assist an injured person while at home
  • Cost of hiring someone to assist with housekeeping
  • Repair or replacement of eyeglasses damaged in the accident
  • Replacement or repair of clothing damaged as a result of the accident

If the victim dies from the injuries suffered in a motor vehicle collision, SABS pays death benefits and funeral expenses. There is also a provision for compensation to victims who were not employed at the time of the accident.

There are limitations to the amounts payable for the different types of benefits under the SABS. For instance, income replacement is limited to 80 percent of the injured party’s net income up to a maximum benefit of $400 a week payable for up to two years. You must have worked for at least six months during the 12 months before the accident. Non-earner benefits are payable for up to two years at $185 a week.

The SABS places a maximum on the amount paid for medical treatment and rehabilitation. Benefits are payable for up to 10 years following the accident, but payments are capped at $100,000.

How to apply for SABS benefits

Accident benefits are paid through the company insuring your vehicle or the vehicle in which you were a passenger. Pedestrians or bicyclists injured when hit by a motor vehicle would file the claim with the insurance company for the vehicle that hit them.

It is important to immediately contact the insurance company to notify it of the accident and the fact you were injured. You will receive forms in the mail to be completed and returned to the insurance company. It is essential that you contact the insurance company, complete the forms and return them as quickly as possible because delays could jeopardize your claim.

Eligibility for SABS benefits do not depend on anyone being at fault in causing the accident. You should arrange to speak with a personal injury lawyer as soon as possible after an accident for advice about SABS benefits and other compensation to which you might be entitled.

Personal injury lawyers offering trusted advice

The personal injury lawyers at Diamond & Diamond have years of experience successfully handling benefit claims on behalf of accident victims. We can also review the facts surrounding the accident and your injuries to determine if you can sue the party whose negligence caused the accident for damages. Don’t delay, there are limits on the amount of time you have to sue following an injury, so contact our 24/7 injury hotline at 1-800-567-HURT or visit our website to speak to someone now about your claim. Consultations are free, and we have offices located throughout Ontario.

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