If you live in Ontario, you know that our insurance system is a “no-fault” one. But that doesn’t mean that no one is at fault for the accident. In fact, liability in an accident is important when it comes to determining settlements and compensation after an accident.
Through our current system, all parties are entitled to certain benefits after an injury due to a car accident. Called Statutory Accident Benefits, these are available to anyone who has been injured regardless of whether they were responsible for the accident or not. You may also be entitled to further compensation if you purchased additional insurance or through a lawsuit or tort claim.
Statutory Accident Benefits
Your Statutory Accident Benefits offer a standard level of benefits for those who have been injured in an accident. These are:
● Income Replacement Benefits — If you cannot work due to the injuries sustained in an accident, you may be entitled to this benefit. This is subject to limits.
● Medical and Rehabilitation Benefits — This will pay for medical and rehabilitation costs that are not covered by another health plan. This is subject to limits.
● Non-Earner Benefits — If you have suffered a complete inability to carry out normal activities, you may be entitled to this benefit. This is subject to limits.
● Caregiver Benefits — If you are the primary caregiver and have been injured, this benefit will reimburse you for caregiving services. This is subject to limits.
● Attendant Care Benefits — If you cannot carry out personal care, these benefits will pay expenses for an aide or care facility. This is subject to limits.
● Other Expenses — If there are other expenses involved, these benefits are available with limits.
● Death and Funeral Benefits — This is a benefit for survivors of a deceased party who is killed in an accident.
Although these benefits are available to all parties, a settlement can be adjusted in accordance with liability. Therefore, if you were found 50 percent at fault for the accident, you may only receive 50 percent of the settlement you would have been due.
If another party was found at fault, you may be entitled to a claim against that other party. In some cases, it may not even be the other driver but the owner of the car or the manufacturer of the car. In the case of an at-fault claim, you may be entitled to such things as lost wages, medical expenses, decreased capacity to work, any future treatments or medical rehabilitation you may need, mental anguish, or pain and suffering.
In the case where an accident has left you disabled, you may be entitled to either short or long-term disabilities benefits.
If you have been injured in an accident, it is to your advantage to know what you are entitled to and to understand your legal rights to a fair compensation. Call the Sault Ste. Marie injury lawyers at AB Personal Injury Lawyer for a free consultation to understand your rights.