Frequently Asked Questions

If you have been injured in an motor vehicle accident which is not your fault, you are entitled to receive compensation from the person who caused your injury as well as the insurer of the vehicle you were driving or in which you were a passenger, or of the vehicle that hit you if you were a pedestrian if you do not have automobile insurance.


What insurance benefits am I entitled to?

You are entitled to Statutory Accident Benefits which are payable no matter how the accident happened or whose fault it was. They are payable by the insurance company of the car you were in or alternatively, the insurer of any vehicle you own at your home. If you were injured as a pedestrian, the insurance company of the car that hit you may be liable to make these payments.

What are Income Replacement Benefits?

If you were employed at the time of the accident or in the last 26 weeks prior to the accident, you are entitled to Income Replacement Benefits.

The payments are made as follows:

  • 70% of your after tax income from your employment, but not to exceed $400.00 net per week

So that for example, if you received $1,000.00 per week before tax, you would be entitled to receive up to $700.00 gross per week. This means that the automobile insurer would pay you $400.00 net per week.

If you have purchased optional benefits when you purchased your auto insurance, you can be entitled to up to $600, $800 or $1,000 per week.

However, if you had a benefit plan from your employment, this plan would have to be used first to pay up to its limit, and any shortfall to get $700.00 per week would be made up by the appropriate automobile insurer.

What if I wasn't employed at the time of the accident?

If you were not employed prior to the accident, you may be eligible for Non-Earner or Caregiver Benefits.

Individuals may be eligible for Non-Earner Benefits six months after an accident, which awards $185 per week. Non-earners must have been unemployed during the accident. Alternatively, they must have been enrolled in school or finished education within a year before the accident, and not be employed in a job that reflects the education.

Individuals may be eligible for Caregiver Benefits if you have purchased optional benefits when you purchased your auto insurance. This entitles caregivers up to $250 each week, on top of an additional $50 for each person in need of care. This includes children and persons suffering from physical/mental incapacity, as well as children under 16 years of age.

Who pays for my medical treatment?

Your necessary medical and rehabilitation expenses will be paid firstly by any benefits you have from your employment and then by the automobile insurance company. If your injury is serious enough, then there is available up to $1 million for these expenses from the automobile insurer. However, that insurer, through Regulations and other means, tries to curtail its payment as much as possible and it is advisable to have legal assistance with these claims if you are to have any hope of covering all the costs of them.

If you do not suffer a serious enough injury (i.e. catastrophic injury), you can be entitled up to $50,000.00 for your medical and rehabilitation expenses. If you suffer an injury which is minor, you are entitled to $3,500.00 for your medical and rehabilitation expenses.

If you have purchased optional benefits when you purchased your auto insurance, you can be entitled to up to $100,000.00 or up to $1,000,000.00 which also includes Attendant Care Benefits for your medical and rehabilitation expenses.

You must first access any benefits you have from your employment and then the automobile insurance company. Again, depending on how serious your injury is, there may be up to $1 million in rehabilitation expenses. Of course, the insurer will attempt to show that you do not meet the criteria for the extra rehabilitation and it is therefore, advisable to have legal assistance early on in this regard.

What other benefits am I entitled to?

You also have the entitlement to Housekeeping and Home Maintenance Benefits of up to $100.00 per week if you have purchased optional benefits when you purchased your auto insurance.

You are entitled to Attendant Care Benefits of up to $3,000.00 per month if you have purchased optional benefits when you purchased your auto insurance. If your injuries are catastrophic, you are entitled to up to $6,000.00 per month in Attendant Care Benefits.

You may also claim reimbursement of any transportation, medications, or other expenses.

If you have sustained a Catastrophic Impairment, which includes paraplegia or quadriplegia, permanent loss of use of a limb, loss of vision in both eyes, and severe brain injuries, your right to the amount and length of benefits increases substantially.

If you were a student at the time of the motor vehicle accident, you are entitled to Student Benefits which are up to a maximum of $15,000.00 for lost educational expenses.

Your family can also claim benefits. Following an accident, there are expenses incurred by family members and those living with the injured person who visit you during your treatment or recovery. They may be able to recover expenses such as mileage, meals, travel expenses, parking, fares, and hotel.

If a family member has died as a result of injuries sustained in the accident, the spouse and dependents are entitled to certain Death Benefits as well as a reimbursement for funeral expenses.

What rights do I have against the person who injured me?

Where the person who injured you caused the accident or you were a passenger in a motor vehicle that was involved in an accident, you have a 100% case.

This means that, subject to statutory deductions, you will be entitled to receive 100% compensation for,

  • The injuries to your body, which includes the pain and suffering for the past and the future, and the loss of enjoyment of life for the past and the future;
  • The loss of income for the past and the future; and/or
  • The loss of out-of-pocket expenses for the past and the future.
  • Subject to statutory deductions, your spouse and children will receive 100% compensation for the loss of care guidance and companionship to them from you that was brought about by your injuries, and compensation for any care they gave you over and above what they would normally do.

If you were a driver and partially to blame for the injuries you received, then the amount you receive will be reduced by the percentage of fault attributable to your negligence.

You are entitled to Statutory Accident Benefits which are payable no matter how the accident happened or whose fault it was. They are payable by the insurance company of the car you were in or alternatively, the insurer of any vehicle you own at your home. If you were injured as a pedestrian, the insurance company of the car that hit you may be liable to make these payments.

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