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FAQ

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 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, subject to statutory deductions, you will be entitled to receive 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┬ácompensation 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.

    • What other benefits am I entitled to?

      Generally 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 or are deemed an insured under the policy. If you were injured as a pedestrian or a cyclist, the insurance company of the car that hit you may be liable to make these payments, if you are not considered an insured under another car insurance policy. If you are a passenger, if you are not considered an insured under another car insurance policy, you can claim benefits through the policy of the driver.

    • 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 recovering all the costs of them.

      If you do not suffer a an injury that is considered catastrophic, you can be entitled to up to $65,000.00 for your medical and rehabilitation expenses and/or attendant care 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, you can be entitled to up to $100,000.00 or up to $1,000,000.00 in medical and rehabilitation expenses, including attendant care.

    • 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 Benefits. Individuals may be eligible for Non-Earner Benefits for up to two years after the day of the accident in the amount of $185 per week. Non-earners must have been unemployed at the time of 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. This entitles caregivers up to $250 each week, on top of an additional $50 for each person in need of care for up to two years after the day of the accident. This includes children and persons suffering from physical/mental incapacity, as well as children under 16 years of age.

    • What are Income Replacement Benefits?

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

      The payments are made as follows:

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