Car Accident Settlement Benefits as Outlined in
The Insurance Act
Who is Eligible for Benefits?
In Ontario, any person injured in a motor vehicle
collision, or relatives or dependents of the same, may be eligible for benefits
in a car accident settlement. The province’s standard accident benefits are
prescribed under Ontario’s Insurance Act. They are wide-ranging and cover a
number of scenarios. The most important is perhaps Income Replacement Benefits,
which will partially compensate for lost income due to injuries. A Non-Earner
Benefit can kick in if you are completely unable to carry out normal activities.
There are medical and rehabilitation benefits, attendant care benefits, and
coverage for a variety of other expenses.
There are some exceptions, however. For example, you
may not be eligible to receive benefits if you were driving without a valid
driver’s license, or driving while impaired. If you were using your vehicle in
connection with a criminal activity or driving when you knew you didn’t have
valid insurance, you will also lose the right to coverage.
You actions in the immediate aftermath of your
accident are crucial. You must inform your insurance company that you wish to
apply for benefits within seven days of the collision. The actual application
for benefits itself must go back to the insurer within thirty days of receiving
the application forms.
Although the process seems cut and dry, the extent
to which you are eligible for benefits is not. In particular, if long-term
disability claims are made, it is wise to get the assistance of a personal injury
lawyer.
Brain Injury Claims Require Legal Experience
Brain injuries are very common in car accidents.
Unfortunately, for the victim, brain injuries manifest themselves in a variety
of ways and the causal link to the accident may not be immediately evident.
Symptoms as diverse as insomnia, mood swings, poor concentration and social
withdrawal can all result from an accident-induced brain injury – and some can
take years to develop.
In these cases, the assistance of a lawyer in
getting both the benefits due under the Insurance Act, and through (if
possible) additional tort liability suit is essential. But you need a lawyer
who understands the scope and legal ramifications of brain injuries; look for
one who is a member of the Ontario Brain Injury Association.
Making a Tort Claim
If there is a legal case to be made that there was
negligence on the part of the party who caused your injury, a personal injury
lawyer will assemble the necessary evidence. This includes accessing police
records and interviewing witnesses. Crucial to the process – again - is
adherence to various limitation periods in filing the claim. Generally, if you
are suing the other party for damages, the claim must be commenced within 120
days of the discovery of your injury. But some claims must proceed faster than
that. For example, if you are injured by a vehicle owned and operated by a
municipality, you will have to file a claim almost immediately.
Your car accident settlement process can be as varied
as the incidents that give rise to injuries. The one constant throughout is to
get a lawyer, and quickly.