Do You Know the Accident Benefits in Ontario?

By Sokoloff Lawyers
Do You Know the Accident Benefits in Ontario?

As Canadians, we’re guaranteed certain rights under the Constitution. Things like freedom of expression, the right to mobility, and freedom of association are written into the Charter of Rights and Freedoms itself. Beyond those essential rights, Canada’s social safety net provides healthcare, education, unemployment, and more for all citizens. But while accident provisions aren’t explicitly protected under Canada’s various programs, mandatory auto insurance effectively provides an access to certain benefits. What are the baseline accident benefits in Ontario, though? And how can you access them after a serious motor vehicle accident?


Statutory Accident Benefits in Ontario


It is illegal to drive in Ontario without automobile insurance in every province and territory. Of course, depending on the policy you choose and the premiums you pay, your coverage can differ immensely from other drivers'. No matter what, though, your policy will include the statutory accident benefits in Ontario (i.e. the minimum benefits required by the Insurance Act of Ontario). They are:

  • Income replacement
  • Non-earner
  • Caregiver
  • Medical, rehabilitative, and attendant care
  • Payment of other expenses
  • Death and funeral

Already, it’s clear that these benefits aren’t all meant to apply to any individual personal injury case. Still, it’s worthwhile to briefly elucidate their differences.


Income Replacement


The income replacement benefit serves to make up for any lost income as a result of your accident injuries. It is calculated as a percentage of your income and maxes out at $400 per week. You can claim the accident benefit in Ontario for up to 104 weeks (i.e. two years from the accident).




If you do not qualify for the income replacement benefit (e.g. because you were unemployed at the time of the accident or because you are a student), you qualify for the non-earner benefit. It encompasses the same amount of time as the income replacement benefit, however the maximum payment is lowered to $185 per week.




If, at the time of your serious car accident, you were acting as a caregiver for a dependent—be that an elderly relative, a child, or anyone else with whom you were residing—you will receive a caregiver benefit. This comes as a flat weekly sum that varies based on the amount of dependents in your care.


Medical, Rehabilitation, and Attendant Care


These benefits are designed to cover all medical expenses that aren’t already paid for by your provincial and private healthcare plans. The amount available under these benefits changes significantly if your injuries are considered catastrophic, so make sure to give your Toronto personal injury lawyer a detailed account of your injuries.


Payment of Other Expenses


Other expenses covered by the statutory accident benefits schedule include educational expenses, visitors’ travel expenses, housekeeping and home maintenance expenses, and damage to certain personal effects.


Death and Funeral


If a family member has died as a result of the motor vehicle accident, this benefit provides a lump sum to the spouse and children as well as money set aside specifically for the funeral.


Should you have any questions about the benefits to which you’re entitled after an automobile accident, look for a free consultation with a Toronto personal injury lawyer today.