How Ontario’s Insurance System Affects Car Accident Claims

Ontario's insurance system plays a significant role in shaping how car accident claims are handled. Understanding how this system works is essential for anyone involved in a car accident, as it impacts the type of benefits available, including medical coverage and income replacement. In this post, we’ll explain Ontario’s car accident insurance system, discuss available benefits, and explore what it means for drivers who have experienced an accident.

How Does Ontario’s Insurance System Work?

Ontario operates a "no-fault" insurance system, and a tort system. Under the “no-fault” system, each person involved in an accident who sustained injuries  in most cases turns to their own insurance company for coverage, regardless of who caused the accident. This system is designed to simplify the claims process, enabling quicker access to benefits. However, the term "no-fault" can be misleading, as it doesn’t mean that no one is at fault—it simply refers to how claims are processed. Each driver files a claim with their own insurer, regardless of who was responsible for the accident. While fault is still determined and can affect future insurance premiums, drivers may still sue the at-fault party for damages not covered by their insurance, such as pain and suffering or loss of income.

What Accident Benefits Are Available Under Ontario's Car Accident Insurance for Non-Catastrophic Injury Claims?

Ontario’s auto insurance policies include statutory accident benefits coverage, which provides compensation for various needs after an accident. Here are some key benefits available:

1. Medical and Rehabilitation Benefits
   Accident benefits cover medical expenses and rehabilitation costs for injuries sustained in the accident, including but not limited to physiotherapy, chiropractic care, and psychological therapy. Coverage amounts can vary depending on the severity of the injury, and if optional coverage was purchased, ranging from $3500 to over one million dollars.
2. Income Replacement Benefits
   If you’re unable to work due to injuries sustained in  a car accident, you may be entitled to receive  income replacement benefits. Typically, income replacement benefits are 70% of your gross weekly income, up to a maximum of $400 per week unless you purchased optional benefits.
3. Attendant Care Benefits
   These benefits are available if you require help with daily activities such as bathing, dressing, or feeding due to your injuries. The amount covered depends on the severity of the injuries.
4. Non-Earner Benefits
   If you’re not employed at the time of the accident and suffer a complete inability to live a normal life, you may be eligible for non-earner benefits at the weekly rate of $185.00 up to a maximum of 104 weeks.

What Does It Mean for Drivers Involved in a Car Accident?

Navigating Ontario's insurance system can be complex, especially when it comes to understanding what you’re entitled to and how to access it. It is crucial to report the accident to your insurance company as soon as possible and seek medical attention, even if injuries seem minor, the injuries and/or losses should be documented as they appear. While Ontario's insurance system provides a basic level of benefits, reviewing your policy to understand any optional coverage you may have, such as increased income replacement or additional medical coverage, can significantly improve your financial recovery following an accident. If your insurance company denies a claim for benefits, you can challenge the decision, and in some cases, mediation or arbitration may be required, or even legal action to secure the coverage you need.

How Can Aaron Waxman and Associates, P.C. Help?

If you’ve been injured in a car accident, Aaron Waxman and Associates, P.C. can help you navigate Ontario's car accident laws and insurance system. Our firm is well-versed in representing clients who have been denied accident benefits or who need assistance maximizing their entitlements. We provide comprehensive support, from guiding you through the claims process to challenging denied benefits on your behalf.

Our team understands that recovering from an accident is not just a legal process but a deeply personal one. We take a compassionate approach, working tirelessly to ensure you receive the benefits and compensation necessary for your recovery.

Conclusion

If you need help with your claim or are facing difficulties obtaining benefits, contact Aaron Waxman and Associates, P.C. at 416-661-4878 or awaxman@awaxmanlaw.ca for a free consultation.