If you have been injured in a car accident in Ontario, you may be eligible for benefits from your insurance provider, regardless of who was responsible for the accident. The various types of mandatory automobile insurance that are part of all Ontario policies are detailed in the province’s Statutory Accident Benefits Schedule (SABS).
SABS offers income replacement benefits for those unable to return to work after their accident. However, it is important to understand that income replacement does not cover your entire pre-accident earnings. Instead, the SABS mandates that insurers provide benefits up to 70% of your previous gross weekly income, with a maximum payment of $400 per week for the first 104 weeks (two years) of your disability. Under specific conditions, you may also qualify for benefits beyond the initial 104 weeks.
What if you were unemployed or not working at the time of your accident? In this case, you may qualify for non-earner benefits. These benefits are designed for accident victims who experience a “complete inability to carry on a normal life,” as stated by the SABS. If you meet the eligibility criteria, you will receive a fixed benefit of $185 per week for the first 104 weeks of your disability, with the potential for a higher benefit amount afterward.
Choosing Between Benefits
It’s essential to note that you cannot receive both income replacement and non-earner benefits. The SABS regulations require you to select one of the two options if you are eligible for both.
After your application is received, your insurance company must inform you that a decision is required. You must communicate your choice to the insurance company. Keep in mind that your decision is considered “final,” so you cannot change your mind and switch benefits later if you are dissatisfied with your selection.
Contact Asadullah Law
Navigating insurance paperwork can be challenging. If you have concerns or questions about your insurance company’s handling of your claim following a car accident, reach out to Asadullah Law at 905-268-0046.
Our experienced Accident Benefits team is dedicated to assisting clients in determining the full extent of the accident benefits and other compensation they may be entitled to. To learn more, take advantage of our free initial consultation by calling Asadullah Law today or visiting www.asadlaw.ca
If you or a loved one has been seriously injured due to the negligence of another party and you have questions about pursuing legal action, please contact personal injury lawyer Mohammad Asadullah at 905-268-0046 or mohammad@asadlaw.ca