Accident Benefits

No-fault accident benefits apply to any person in Ontario who has been injured in an accident involving a motor vehicle, regardless who caused the accident. That includes pedestrians and cyclists. These benefits, by law, are a standard part of every car insurance policy sold in Ontario and are paid according to a strict set of rules called the "Statutory Accident Benefits Schedule".

It is important to note that you must apply to your own car insurance company for these benefits, even if a different driver caused the accident or your own car was not involved in the accident. Only if you are not a car owner and are not part of a household which has an insured car, can you apply to the insurance company of the other vehicle.

You must notify the insurance company within 7 days of the motor vehicle accident if you want to claim accident benefits. Your insurer will then provide you with a benefits application package which will need to be returned to your insurer within 30 days of having received it. The types of benefits that are available include:

  • Income Replacement;
  • Non-Earner Benefit;
  • Caregiver Benefit;
  • Medical and Rehabilitation Benefit;
  • Attendant Care Benefit;
  • Other Expenses Benefit (i.e. lost education expenses); and
  • Death and Funeral Payments Benefit.

The forms included within the application package are complicated and disputes frequently arise when claiming such benefits. When an insured person has a dispute with his or her insurer about such benefits, they can access a Dispute Resolution Process through the Financial Services Commission of Ontario (FSCO). If you have a problem claiming benefits, contact a lawyer to get advice about your rights.